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The 

Election Law^ 


STATE OF OHIO 

And of the United 
States of America 


Applicable to the Conduct 
of Elections and the Duties 
of Officers in Connection 
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Compiled by 

C. Q. HILDEBRANT 

Secretary of State 

1915 








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THE 

ELECTION LAWS 


OF THE 


STATE OF 


AND OF THE 



OHIO 


UNITED STATES OF AMERICA 


APPLICABLE TO THE CONDUCT OF ELECTIONS AND 
THE DUTIES OF OFFICERS IN CONNEC¬ 
TION THEREWITH 


COMPILED BV 

C. Q. HILDEBRANT 

SECRETARY OF STATE 



Columbus, Ohio: 

The F. J. Heer Printing Co. 
1915 


Bound at the State Bindery. 





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D. of D. 

MAY 24 1916 




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TABLE OF CONTENTS. 


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ELECTION LAWS OF THE UNITED STATES. Pages 

Citizenship . 5 

The elective franchise... 6 

Naturalization .. 6 

PROVISIONS OF THE CONSTITUTION OF OHIO RELATING TO ELECTIONS 24-30 
» PROVISIONS OF THE GENERAL CODE RELATING TO THE FILLING OF 
VACANCIES IN ELECTIVE STATE OFFICES AND JUDGESHIPS AND 
AS TO HOLIDAY. 31 

PUBLIC ELECTIONS. 

Supervision of elections..*.. 32 

Time and notice of elections. 43 

Election precincts . 48 

Qualifications of electors. 54 

Registration of electors. 57 

PRIMARY ELECTIONS . 83 

NOMINATION OP CANDIDATES.. 101 

BALLOTS AND SUPPLIES. Ill 

ELECTION OP JUDGES AND JUSTICES OP THE PEACE. 121 

CASTING AND COUNTING OP VOTE. 124 

RETURNS AND ABSTRACTS. 141 

CONTESTS OP ELECTIOl^JS. 

Presidential electors . 151 

State officers, supreme and courts of appeals judges. 153 

Judges of common pleas and superior courts. 154 

Members of the general assembly. 156 

County officers . 156 

County seat . 157 

Justices of the peace. 159 

Municipal officers . 161 

Referendums . 161 

MEETING OF PRESIDENTIAL ELECTORS. 167 

SPECIAL ELECTIONS AND SUBMISSION OF QUESTIONS. 

Publicity pamphlets relative to initiative and referendum. 171 

Limitation as to number of saloons. 173 

Release of treasurers and sureties. 174 

Greater tax rate. 176 

County Elections. 

Experiment farms . 178 

Agricultural agent . 179 

Combining probate and common pleas courts. 179 

Building bonds . 182 

New counties . 184 ' 

Soldiers’ monument . 185 

Centennials . 186 

Board of park commissioners. 186 

Memorial buildings . 186 

Children’s home . 188 

Hospitals . 1^^ 

Purchase of toll roads. 189 

Bonds for agricultural societies. 189 

Purchase of fair grounds. 190 

Waterway or canal. 193 

Township Elections, 

Original surveyed townships. ^196 

Officers of new townships. 196 

^ Sale of real estate. 197 


( 3 ) 


















































4 


TABLE OF CONTENTS. 


SPECIAL ELECTIONS AND SUBMISSION OF QUESTIONS — Concluded. 

Township Elections — Concluded. Pages 

Hearse — Oil or gas well.197-198 

Bond issue . 198 

Road improvement . 199 

Halls . 200 

Libraries . 201 

Parks . 201 

Memorial building . 204 

Cemeteries . 206 

Foot bridges . 206 

Municipal Elections. 

Surrender of corporate powers. 207 

Municipal charter act. 207 

Incorporation . 212 

Annexation . 214 

Detachment of territory. 217 

Incorporation for police protection. 218 

Bonds to construct and equip electric railways, etc. 219 

Sale or lease of land to railway company. 220 

Grant of franchises. 221 

Elevated railroads . 222 

Bonds for gas works. 222 

Deficiency bonds . ^ 224 

Bond issue . 224 

Rapid transit commissioners. 225 

Park commission . 223 

Hearse or vault.'. 227 

Initiative and referendum. 228 

Sanitary plant . 232 

Council of Cincinnati. 233 

Criminal court of Lorain. 234 

Municipal court of Cincinnati. 235 

Municipal court of Columbus. 236 

Municipal court of Cleveland. 237 

Municipal court of Dayton. 238 

Municipal court of Hamilton. 239 

Municipal court of Youngstown. 240 

SPECIAL ELECTION — SCHOOLS. ' 

City districts . 241 

Village districts . 245 

Rural districts . 247 

Centralization . 248 

Abandonment of rural district. 249 

Increase of tax levy. 249 

Extensions . 250 

Unionization . 250 

SPECIAL ELECTIONS — LOCAL OPTION. 

General provisions . 251 

Local option in townships. 251 

Local option in municipal corporations. 252 

OFFENSES RELATING TO ELECTIONS, 

The corrupt practices act. 256 

Safeguarding petitions . 266 

Illegal Voting ... 271 

Procuring illegal vote. 272 

Ballots . 273 

Judges and clerks. 275 

Registration . 277 

Bribery and corruption . 279 

Primary election . 282 

Miscellaneous . 284 




























































Election Laws of the United States 


CITIZENSHIP. 

Section 1992. All persons born in the United States 
and not subject to any foreign power, excluding Indians 
not taxed, are declared to be citizens of the United States. 

Sec. 1993. All children heretofore born or hereafter 
born out of the limits and jurisdiction of the United States, 
whose fathers were or may be at the time of their birth, 
citizens thereof, are declared to be citizens of the United 
States; but the rights of citizenship shall not descend to 
children whose fathers never resided in the United States. 

Sec. 1994. Any woman who is now or may here¬ 
after be married to a citizen of the United States, and who 
might herself be lawfully naturalized, shall be deemed a 
citizen. 

Sec. 1995. All persons born in the district or country 
formerly known as the tetrritory of Oregon, and subject to 
the jurisdiction of the United States on the i8th [of] May, 
1872, are citizens in the same manner as if born elsewhere 
in the United States. 

Sec. 1996. All persons who deserted the military or 
naval service of the United States, and did not return 
thereto or report themselves to a provost marshal within 
sixty days after the issuance of the proclamation by the 
President, dated the nth day of March, 1865, are deemed 
to have voluntarily relinquished and forfeited their rights 
of citizenship, as well as their right to become citizens; 
and such deserters shall be forever incapable of holding 
any office of trust or profit under the United States, or of 
exercising any rights of citizens thereof. 

Sec. 1997. No soldier or sailor, however, who faith¬ 
fully served according to his enlistment until the 19th day 
of April, 1865, and who, without proper authority or leave 
first obtained quit his command or refused to serve after 
that date, shall be held to be a deserter from the army or 
navy; but this section shall be construed solely as a removal 
of any disability such soldier or sailor may have incurred, 
under the preceding section, by the loss of citizenship and 
of the right to hold office in consequence of his desertion. 

Sec. 1998. Every person who hereafter deserts the 
military or naval service of the United States, or who, 
being duly enrolled departs the jurisdiction of the district 
in which he is enrolled, or goes beyond the limits of the 
United States with intent to avoid any draft into the mili¬ 
tary or naval service, lawfully ordered, shall be liable to 

5 


Who are 
citizens. 


Children of 
citizens born ’ 
abroad. 


Married 

women. 


Persons born 
in Oregon. 


Forfeiture of 
citizenship. 


Certain sol¬ 
diers and sail¬ 
ors exempted 
from forfeit¬ 
ure. 


Avoiding the 
draft. 



6 


ELECTION LAWS OF THE UNITED STATES. 


Right of ex¬ 
patriation 
neclared. 


Protection of 
naturalized 
citizens in 
foreign 
states. 


Interference 
by army or 
naval officers. 


Race, color or 
previous con¬ 
dition rot to 
affect the 
right to vote. 


Honorably 
discharged 
soldiers ex¬ 
empt from 
certain for¬ 
malities. 


THE ELECTIVE FRANCHISE. NATURALIZATION. 

all the penalties and forfeitures of section nineteen hun¬ 
dred and ninety-six. 

Sec. 1999. Whereas, the right of expatriation is a 
natural and inherent right of all people, indispensable to 
the enjoyment of the rights of life, liberty, and the pursuit 
of happiness; and, whereas, in the recognition of this prin¬ 
ciple this government has freely received emigrants from 
all nations, and invested them with the rights of citizen¬ 
ship ; and whereas it is claimed that such American cit¬ 
izens, with their descendants, are subjects of foreign states, 
owing allegiance to the governrnents thereof; and whereas, 
it is necessary to the maintenance of public peace that this 
claim of foreign allegiance should be promptly and finally 
disavowed; therefore, any declaration, instruction, opinion, 
order, or decision of any officer of the United States which 
denies, restricts, impairs, or questions the right of expa¬ 
triation, is declared inconsistent with the fundamental 
principles of the republic. 

Sec. 2000. All naturalized citizens of the United 
States, while in foreign countries, are entitled to and shall 
receive from this government the same protection of per¬ 
sons and property which is accorded to native born citizens. 

THE ELECTIVE FRANCHISE. 

Sec. 2003. officer of the army or navy of the 

United States shall prescribe or fix, or attempt to pre¬ 
scribe or fix, by proclamation, order, or otherwise, the 
qualifications of voters in any state, or in any manner in¬ 
terfere with the freedom of any election in any state, or 
with the exercise of the free right of suffrage in any state. 

Sec. 2004. All citizens of the United States who are 
otherwise qualified by law to vote at any election by the 
people in any state, territory, district, county, city, parish, 
township, school district, municipality, or other territorial 
subdivision, shall be entitled and allowed to vote at all 
such elections, without distinction of race, color, or previ¬ 
ous condition of servitude; any constitution, law, custom, 
usage, or regulation of any state or territory, or by or under 
its authority, to the contrary notwithstanding. 

NATURALIZATION. 

Sec. 2166. Any alien, of the age of twenty-one years 
and upward, who has enlisted, or may enlist, in the armies 
of the United States, either the regular or the volunteer 
forces, and has been, or may be hereafter, honorably dis¬ 
charged, shall be admitted to become a citizen of the 
United States, upon his petition, without any previous dec¬ 
laration of his intentiton to become such; and he shall not be 
required to prove more than one year’s residence within 


ELECTION LAWS OF THE UNITED STATES. 

NATURALIZATION. 

the United States previous to his application to become 
such citizen; and the court admitting such alien shall, in 
addition to such proof of residence and good moral char¬ 
acter, as now provided by law, be satisfied by competent 
proof of such person’s having been honorably discharged 
from the service of the United States. 

Sec. 2169. (As amended, 1875.)—The provisions of 
this title shall apply to aliens being free white persons, and 
to aliens of African nativity and to persons of African 
descent. 

Sec. 2171. No alien who is a native citizen or sub¬ 
ject, or a denizen of any country, state, or sovereignty with 
which the United States are at war, at the time of his ap¬ 
plication, shall be then admitted to become a citizen of the 
United States; but persons resident within the United 
States, or the Territories thereof, on the eighteenth day of 
June, in the year one thousand eight hundred and twelve, 
who had before that day made a declaration, according to 
law, of their intention to become citizens of the United 
States, or who were on that day entitled to become citizens 
without making such declaration, may be admitted to be¬ 
come citizens thereof, notwithstanding they were alien ene¬ 
mies at the time and in the manner prescribed by the laws 
heretofore passed on that subject; nor shall anything herein 
contained be taken or construed to interfere with or pre¬ 
vent the apprehension and removal, agreeably to law, of 
any alien enemy at any time previous to the actual natural¬ 
ization of such alien. 

Sec. ^174. Every seaman, being a foreigner, who 
declares his intention of becoming a citizen of the United 
States in any competent court, and shall have served three 
years on board of a merchant-vessel of the United States 
subsequent to the date of such declaration, may, on his 
application to any competent court, and the production of 
his certificate of discharge and good conduct during that 
time, together with the certificate of his declaration of in¬ 
tention to become a citizen, be admitted a citizen of the 
United States; and every seaman, being a foreigner, shall, 
after his declaration of intention to become a citizen of 
the United States, and after he shall have served such three 
vears, be deemed a citizen of the United States for the 
purpose of manning and serving on board any merchant- 
vessel of the United States, anything to the contrary in 
any act of Congress notwithstanding; but such seaman 
shall, for all purposes of protection as an American citizen, 
be deemed such, after the filing of his declaration of inten¬ 
tion to become such citizen. 

twenty-second statutes at large, page 58. 

Sec. 14. That hereafter no State court or court of 
the United States, shall admit Chinese to citizenship; and 
all laws in conflict with this act are hereby repealed, 


Aliens of 
African nativ 
ity and de¬ 
scent. 


Naturalization 
to alien 
enemies 
prohibited. 


Alien seamen 
of merchant 
vessels. 


Naturalization 
of Chinese 
prohibited. 


8 


ELECTION LAWS OF THE UNITED STATES. 


NATURALIZATION. 


Aliens honor¬ 
ably dis¬ 
charged from 
servicQi in 
Navy or 
Marine 
Corps. 


TWENTY-EIGHTH STATUTES AT LARGE, PAGE 1 24. 

Any alien of the age of twenty-one years and upward 
who has enlisted or may enlist in the United States Navy 
or Marine Corps, and has served or may hereafter serve 
five consecutive years in the United States Navy or one 
enlistment in the United States Marine Corps, and has been 
or may hereafter be honorably discharged, shall be admitted 
to become a citizen of the United States upon his petition, 
without any previous declaration of his intention to be¬ 
come such; and the court admitting such alien shall, in 
addition to proof of good moral character, be satisfied by 
competent proof of such person’s service in and honorable 
discharge from the United States Navy or Marine Corps. 


AN ACT TO VALIDATE CERTAIN CERTIFICATES OF NATURAL¬ 
IZATION. 

[Stat. 1905-6, Part I, p. 630.] 

Be it enacted by the Senate and House of Representa^ 
tives of the United States of America in Congress assem¬ 
bled, That naturalization certificates issued after the Act 
approved March third, nineteen hundred and three, en¬ 
titled, ‘‘An Act to regulate the immigration of aliens into the 
United States,” went into effect, which fail to show that 
the courts issuing said certificates complied with the re¬ 
quirements of section thirty-nine of said Act, but which 
were otherwise lawfully issued, are hereby declared to be 
valid as though said certificates complied with said section: 
Provided, That in all such cases applications shall be made 
for new naturalization certificates, and when the same are 
granted, upon compliance with the provisions of said Act 
of nineteen hundred and three, they shall relate back to the 
defective certificates, and citizenship shall be deemed to 
have been perfected at the date of the defective certificate. 

Sec. 2. That all the records relating to naturalization, 
all declarations of intention to become citizens of the United 
States, and all certificates of naturalization filed, recorded, 
or issued prior to the time when this Act takes effect in 
or from the criminal court of Cook County, Illinois, shall 
for all purposes be deemed to be and to have been made, 
filed, recorded, or issued by a court with jurisdiction to 
naturalize aliens, but shall not be by this Act further 
validated or legalized. 

Approved June 29, 1906. 

NATURALIZATION ACT OF JUNE 29, I906. 

[Stat. 1905-6, Part I, p. 596.] 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled, That the designation of the Bureau of Immigration 


ELECTION LAWS OF THE UNITED STATES. 


9 


NATURALIZATION. 

in the Department of Commerce and Labor is hereby 
changed to the “Bureau of immigration and Naturaliza¬ 
tion,' which said Bureau, under tiie direction and control 
of the Secretary of Commerce and Labor, in addition to 
the duties now provided by law, shall have charge of all 
matters concerning the naturalization of aliens. That it 
shall be the duty of the said Bureau to provide, for use at 
the various immigration stations throughout the United 
States, books of record, wherein the commissioners of im¬ 
migration shall cause a registry to be made in the case of 
each alien arriving in the United States from and after the 
passage of this Act of the name, age, occupation, personal 
description (including height, complexion, color of hair 
and eyes), the place of birth, the last residence, the in¬ 
tended place of residence in the United States, and the 
date of arrival of said alien, and, if entered through a port, 
the name of the vessel in which he comes. And it shall be 
the duty of said commissioners of immigration to cause to 
be granted to such alien a certificate of such registry, with 
the particulars thereof. 

Sec. 2. That the Secretary of Commerce and Labor 
shall provide the said Bureau with such additional fur¬ 
nished offices within the city of Washington, such books of 
record and facilities, and such additional assistants, clerks, 
stenographers, typewriters, and other employees as may be 
necessary for the proper discharge of the duties imposed by 
this Act upon such Bureau, fixing the compensation of 
such additional employees until July first, nineteen hun¬ 
dred and seven, within the appropriations made for that 
purpose. 

Sec. 3. That exclusive jurisdiction to naturalize aliens 
as citizens of the United States is hereby conferred upon 
the following specified courts: 

United States circuit and district courts now existing, 
or which may hereafter be established by Congress in any 
State, United States district courts for the Territories of 
Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the 
supreme court of the District of Columbia, and the United 
States courts for the Indian Territory; also all courts of 
record in any State or Territory now existing, or which 
may hereafter be created, having'a seal, a clerk, and juris¬ 
diction in actions at law or equity, or law and equity, in 
which the amount in controversy is unlimited. 

That the naturalization jurisdiction of all courts herein 
specified. State, Territorial, and Federal, shall extend only 
to aliens, resident within the respective judicial districts of 
such courts. 

The courts herein specified shall, upon the requisition 
of the clerks of such courts, be furnished from time to time 
by the Bureau of Immigration and Naturalization with 
such blank forms as may be required in the naturalization 
of aliens, and all certificates of naturalization shall be con- 


lO 


ELECTION LAWS OF THE UNITED STATES. 

NATURALIZATION. 

secutively numbered and printed on safety paper furnished 
by said Bureau. 

Sec. 4. That an alien may be admitted to become a 
citizen of the United States in the following manner and 
not otherwise: 

First. He shall declare on oath before the clerk of 
any court authorized by this Act to naturalize aliens, or his 
authorized deputy, in the district in which such alien re¬ 
sides, two years at least prior to his admission, and after 
he has reached the age of eighteen years, that it is bona 
fide his intention to become a citizen of the United States, 
and to renounce forever all allegiance and fidelity to any 
foreign prince, potentate, state, or sovereignty, and par¬ 
ticularly, by name, to the prince, potentate, state, or sov¬ 
ereignty of which the alien may be at the time a citizen 
or subject. And such declaration shall set forth the name, 
age, occupation, personal description, place of birth, last 
foreign residence and allegiance, the date of arrival, the 
name of the vessel, if any, in which he came to the United 
States, and the present place of residence in the United 
States of said alien: Provided, however, That no alien 
who, in conformity with the law in force at the date of his 
declaration, has declared his intention to become a citizen 
of the United States shall be required to renew such dec¬ 
laration. 

Second. Not less than two years nor more than seven 
years after he has made such declaration of intention he 
shall make and file, in duplicate, a petition in writing, signed 
by the applicant in his own handwriting and duly verified, 
in which petition such applicant shall state his full name, 
his place of residence (by street and number, if possible),- 
his occupation, and if possible, the date and place of his 
birth; the place from which he emigrated, and the date and 
place of his arrival in the United States, and, if he entered 
through a port, the name of the vessel on which he arrived; 
the time when and the place and name of the court, where 
he declared his intention to become a citizen of the United 
States; if he is married he shall state the name of his wife 
and, if possible, the country of her nativity and her place 
of residence at the time of filing his petition; and if he has 
children, the name, date, and place of birth and place of 
residence of each child living at the time of the filing of 
his petition: Provided, That if he has filed his declaration 
before the passage of this Act he shall not be required to 
sign the petition in his own handwriting. 

The petition shall set forth that he is not a disbeliever 
in or opposed to organized government, or a member of 
or affiliated with any organization or body of persons 
teaching disbelief in or opposed to organized government, 
a polygamist or believer in the practice of polygamy, and 
that it is his intention to become a citizen of the United 
States and to renounce absolutely and forever all allegiance 


ELECTION LAWS OF THE UNITED STATES. II 

NATURALIZATION. 

and fidelity to any foreign prince, potenate, state, or sov¬ 
ereignty, and particularly by name to the prince, potentate, 
state, or sovereignty of which he at the time of filing of his 
petition may be a citizen or subject, and that it is his inten¬ 
tion to reside permanently within the United States, and 
whether, or not he has been denied admission as a citizen 
of the United States, and, if denied, the ground or grounds 
of such denial, the court or courts in which such decision 
was rendered, and that the cause for such denial has since 
been cured or removed, and every fact material to his 
naturalization and required to be proved upon thts final 
hearing of his application. 

The petition shall also be verified by the affidavits of at 
least two credible witnesses, who are citizens of the United 
States, and who shall state in their affidavits that they 
have personally known the applicant to be a resident of 
the United States for a period of at least five years con¬ 
tinuously, and of the State, Territory, or district in which 
the application is made for a period of at least one year 
immediately preceding the date of the filing of his petition, 
and that they each have personal knowledge that the peti¬ 
tioner is a person of good moral character, and that he is 
in every way qualified, in their opinion, to be admitted as a 
citizen of the United States. 

At the time of filing his petition there shall be filed 
with the clerk of the court a certificate from the Depart¬ 
ment of Commerce and Labor, if the petitioner arrives in 
th United States after the passage of this Act, stating the 
date, place, and manner of his arrival in the United States, 
and the declaration of intention of such petitioner, which 
certificate and declaration shall be attached to and made 
a part of said petition. 

Third. He shall, before he is admitted to citizenship, 
declare on oath in open court that he will support* the 
Constitution of the United States, and that he absolutely 
and entirely renounces and abjures all allegiance and fidel¬ 
ity to any foreign prince, potentate, state, or sovereignty, 
and particularly by name to the prince, potentate, state, or 
sovereignty of which he was before a citizen or subject; 
that he will support and defend the Constitution .and laws 
of the United States against all enemies, foreign and do¬ 
mestic, and bear true faith and allegiance to the same. 

Fourth. It shall be made to appear to the satisfaction 
of the court admitting any alien to citizenship that imme¬ 
diately preceding the date of his application he has resided 
continuously within the United States five years at least, 
and within the State or Territory where such court is at 
the time held one year at least, and that during that time 
he has behaved as a man of good moral character, attached 
to the principles of the Constitution of the United States, 
and well disposed to the good order and happiness of the 
same. In addition to the oath of the applicant, the testi- 


ELECTION LAWS OF THE UNITED STATES. 

NATURALIZATION. 

mony of at least two witnesses, citizens of the United 
States, as to the facts of residence, moral character, and 
attachment to the principles of the Constitution shall be 
required, and the name, place of residence, and occupation 
of each witness shall be set forth in the record. 

Fifth. In case the alien applying to be admitted to 
citizenship has borne any hereditary title, or has been of 
any of the orders of nobility in the kingdom or state from 
which he came, he shall, in addition to the above requisites, 
make an express renunciation of his title or order of nobil¬ 
ity in the court to which his application is made, and his 
renunciation shall be recorded in the court. 

Sixth. When any alien who has declared his inten¬ 
tion to become a citizen of the United States dies before 
he is actually naturalized, the widow and minor children 
of such alien may, by complying with the other provisions 
of this Act, be naturalized without making any declara¬ 
tion of intention. 

Sec. 5. That the clerk of the court shall, immediately 
after filing the petition, give notice thereof by posting in a 
public and conspicuous place in his office, or in the build¬ 
ing in which his office is situated, under an appropriate 
heading, the nam.e, nativity, and residence of the alien, the 
date and place of his arrival in the United States, and the 
date, as nearly as may be, for the final hearing of his peti¬ 
tion, and the names of the witnesses whom the applicant 
expects to summon in his behalf; and the clerk shall, if 
the applicant requests it, issue a subpoena for the witnesses 
so named by the said applicant to appear upon the day set 
for the final hearing, but in case such witness cannot 
be produced upon the final hearing other witnesses may be 
summoned. 

Sec. 6 . That petitions for naturalization may be made 
and filed during term time or vacation of the court and 
shall be docketed the same day as filed, but final action 
ffiereon shall be had only on stated days, to be fixed by 
rule of . the court, and in no case shall final action be had 
upon a petition until at least ninety days have elapsed after 
filing and posting the notice of such petition: Provided. 
That no person shall be naturalized nor shall any certificate 
of naturalization be issued by any court within thirty days 
preceding the holding of any general election within its 
territorial jurisdiction. It shall be lawful, at the time and 
as a part of the naturalization of an alien, for the court, in 
its discretion, upon the petition of such alien, to make a 
decree changing the name of said alien, and his certificate 
of naturalization shall be issued to him in accordance there¬ 
with. 

Sec. 7. That no person who disbelieves in or who is 
opposed to organized government, or who is a member of 
or affiliated with any organization entertaining and teach¬ 
ing such disbelief in or opposition to organized govern¬ 
ment, or who advocates or teaches the duty, necessity, or 



ELECTION LAWS OF THE UNITED STATES. 
NATURALIZATION. 


13 


propriety of the unlawful assaulting or killing of any 
officer or officers, either of specific individuals or of officers 
generally, of the Government of the United States, or of 
any other organized government, because of his or their 
official character, or who is a polygamist, shall be natural¬ 
ized or be made a citizen of the United States. 

Sec. 8. That no alien shall hereafter be naturalized 
or admitted as a citizen of the United States who cannot 
speak the English language: Prozided, That this require¬ 
ment shall not apply to aliens who are physically unable 
to comply therewith, if they are otherwise qualified to 
become citizens of the United States:' And proznded 
further, That the requirements of this section shall not 
apply to any alien who has prior to the passage of this 
Act declared his intention to become a citizen of the United 
States in conformity with the law in force at the date of 
making such declaration: Provided further, That the re¬ 
quirements of section eight shall not apply to aliens who 
shall hereafter declare their intention to become citizens 
and who shall make homestead entries upon the public 
lands of the United States and comply in all respects with 
the laws providing for homestead entries on such lands. 

Sec. 9. That every final hearing upon such petition 
shall be had in open court before a judge or judges thereof, 
and every final order which may be made upon such peti¬ 
tion shall be under the hand of the court and entered in 
full upon a record kept for that purpose; and upon such 
final hearing of such petition the applicant and witnesses 
shall be examined under oath before the court and in the 
presence of the court. 

Sec. 10. That in case the petitioner has not resided in 
the State, Territory, or district for a period of five years 
continuously and immediately preceding the filing of his 
petition he may establish by two witnesses, both in his peti¬ 
tion and at the hearing, the time of his residence within 
the State, provided that it has been for more than one 
year, and the remaining, portion of his five years’ residence 
within the United States required by law to be established 
may be proved by the depositions of two or more witnesses 
who are citizens of the United States, upon notice to the 
Bureau of Immigration and Naturalization and the United 
States attorney for the district in which said witnesses 
may reside. 

Sec. II. That the United States shall'have the right 
to appear before any court or courts exercising jurisdiction 
in naturalization proceedings for the purpose of cross- 
examining the petitioner and the witnesses produced in 
support of his petition concerning any matter touching or 
in any way affecting his right to admission to citizenshio. 
and shall have the right to call witnesses, produce evi¬ 
dence, and be heard in opposition to the granting of any 
petition in naturalization proceedings. 


ELECTION LAWS OF THE UNITED STATES. 


NATURALIZATION. 

Sec. 12. That it is hereby made the duty of the clerk; 
of each and every court exercising jurisdiction in naturali¬ 
zation matters under the provisions of this Act to keep and 
file a duplicate of each declaration of intention made before 
him and to send to the Bureau of Immigration and Nat¬ 
uralization at Washington, within thirty days after the 
issuance of a certificate of citizenship, a duplicate of such 
certificate, and to make and keep on file in his office a stub 
for each certificate so issued by him, whereon shall be en¬ 
tered a memorandum of all the essential facts set forth in 
such certificate. It shall also be the duty of the clerk of 
each of said courts to report to the said Bureau, within 
thirty days after the final hearing and decision of the court,, 
the name of each and every alien who shall be denied nat¬ 
uralization, and furnish to said Bureau duplicates of all 
petitions within thirty days after the filing of the same, 
and certified copies of such other proceedings and orders 
instituted in or issued out of said court affecting or relat¬ 
ing to the naturalization of aliens as may be required from 
time to time by the said Bureau. 

In case any such clerk or officer acting under his di¬ 
rection shall refuse or neglect to comply with any of the 
foregoing provisions he shall- forfeit and pay to the United 
States the sum of twenty-five dollars in each and every 
case in which such violation or omission occurs, and the 
amount of such forfeiture may be recovered by the United 
States in an action of debt against such clerk. 

Clerks of courts having and exercising jurisdiction in 
naturalization matters shall be responsible for all blank 
certificates of citizenship received by them from time to 
time from the Bureau of Immigration and Naturalization, 
and shall account for the same to the said Bureau when¬ 
ever required so to do by such Bureau. No certificate of 
citizenship received by any such clerk which may be de¬ 
faced or injured in such manner as to prevent its use as 
herein provided shall in any case be destroyed, but such 
certificate shall be returned to the said Bureau; and in 
case any such clerk shall fail to return or properly account 
for any certificate furnished by the said Bureau, as herein 
provided, he shall be liable to the United States in the sum 
of fifty dollars, to be recovered in an action of debt, for 
each and every certificate not properly accounted for or 
returned. 

Sec. 13. That the clerk of each and every court ex¬ 
ercising jurisditcion in naturalization cases shall charge, 
collect, and account for the following fees in each pro¬ 
ceeding : 

For receiving and filing a declaration of intention and 
issuing a duplicate thereof, one dollar. 

For making, filing, and docketing the petition of an 
alien for admission as a citizen of the United States and 
for the final hearing thereon, two dollars; and for entering 




ELECTION LAWS OF THE UNITED STATES. 


15 


NATURALIZATION. 

the hnal order and the issuance of the certificate of citizen¬ 
ship thereunder, if granted, two dollars. 

The clerk of any court collecting such fees is hereby 
authorized to retain one-half of the fees collected by him 
in such naturalization proceeding; the remaining one-half 
of the naturalization fees in each case collected by such 
clerks, respectively, shall be accounted for in their quar¬ 
terly accounts, which they are hereby required to render 
the Bureau of Immigration and Naturalization, and paid 
over to such Bureau within thirty days from the close of 
each quarter in each and every fiscal year, and the moneys 
so received shall be paid over to the disbursing clerk of 
the Department of Commerce and Labor, who shall there¬ 
upon deposit them in the Treasury of the United States, 
rendering an acocunt therefor quarterly to the Auditor for 
the State and other Departments, and the said disbursing 
clerk shall be held responsible under his bond for said fees 
so received. 

In addition to the fees herein required, the petitioner 
shall, upon the filing of his petition to become a citizen of 
the United States, deposit with and pay to the clerk of the 
court a sum of money sufficient to cover the expenses of 
subpoenaing and paying the legal fees of any witnesses for 
whom he may request a subpoena, and upon the final dis¬ 
charge of such witnesses they shall receive, if they demand 
the same from the clerk, the customary and usual witness 
fees from the moneys which the petitioner shall have paid 
to such clerk for such purpose, and the residue, if any, 
shall be returned by the clerk to the petitioner: Provided, 
That the clerks of courts exercising jurisdiction in natural¬ 
ization proceedings shall be permitted to retain one-half 
of the fees in any fiscal year up to the sum of three thou¬ 
sand dollars, and that all fees received by such clerks in 
naturalization proceedings in excess of such amount shall 
be accounted for and paid over to said Bureau as in case 
of other fees to which the United States may be entitled 
under the provisions of this Act. The clerks of the various 
courts exercising jurisdiction in naturalization proceedings 
shall pay all additional clerical force that may be required 
in performing the duties imposed by this Act upon, the 
clerks of courts from fees received by such clerks in nat¬ 
uralization proceedings. And in case the clerk of any court 
collects fees in excess of the sum of six thousand dollars 
in any one year, the Secretary of Commerce and Labor 
may allow to such clerk from the money which the United 
States shall receive additional compensation for the em¬ 
ployment of additional clerical assistance, but for no other 
purpose, if in the opinion of the said Secretary the busi¬ 
ness of such clerk warrants such allowance. 

Sec. 14. That the declarations of intention and the 
petitions for naturalization shall be bound in chronological 
order in separate volumes, indexed, consecutively numbered, 


l6 ELECTION LAWS OF THE UNITED STATES. 

NATURALIZATION. 

and made part of the records of the court. Each certificate 
of naturalization issued shall bear upon its face, in a place 
prepared therefor the volume number and page' number of 
the petition whereon such' certificate was issued, and the 
volume number and page number of the stub of such 
certificate. 

Sec. i5> That it shall be the duty of the United States 
district attorneys for the respective districts, upon affidavit 
showing good cause therefor, to institute proceedings in 
any court having jurisdiction to naturalize aliens in the 
judicial district in which the naturalized citizen may reside 
at the time of bringing the suit, for the purpose of setting 
aside and cancelling the certificate of citizenship on the 
ground of fraud or on the ground that such certificate of 
citizenship was illegally procured. In any such proceedings 
the party holding the certificate of citizenship alleged to 
have been fraudulently or illegally procured shall have sixty 
days’ personal notice in which to make answer to the 
petition of the United States; and if- the holder of such 
certificate be absent from the United States, or from the 
district in which he last had his residence, such notice shall 
be given by publication in the manner provided for the 
service of summons by publication or upon absentees by the 
laws of the State or the place where such suit is brought. 

If any alien who shall have secured a certificate of citi¬ 
zenship under the provisions of this Act shall, within five 
years after the issuance of such certificate, return to the 
country of his nativity, or go to any other foreign country, 
and take permanent residence therein, it shall be considered 
prima facie evidence of a lack of intention on the part of 
such alien to become a permanent citizen of the United 
States at the time of filing his 'application for citizenship, 
and, in the absence of countervailing evidence, it shall be 
sufficient in the proper proceeding to authorize the cancel¬ 
lation of his certificate of citizenship as fraudulent, and the 
diplomatic and consular officers of the United States in 
foreign countries shall from time to time, through the De¬ 
partment of State, furnish the Department of Justice with 
the names of those within their respective jurisdictions 
who have such certificates of citizenship and who have 
taken permanent residence in the country of their nativity, 
or in ,any other foreign country, and such statements, duly 
certified shall be admissible in evidence in all courts in 
proceedings to cancel certificates of citizenship. 

Whenever any certificate of citizenship shall be set 
aside or canceled, as herein provided, the court in which 
such judgment or decree is rendered shall make an order 
cancelling such certificate of citizenship and shall send a 
certified copy of such order to the Bureau of Immigration 
and Naturalization; and in case such certificate was not 
originally issued by the court making such order it shall 
direct the clerk of the court to tra{ismit a copy of such 


ELECTION LAWS OF THE UNITED^ STATES. 


17 


NATURALIZATION. 

order and judgment to the court out of which such certifi¬ 
cate of citizenship shall have been originally issued. And it 
shall thereupon be the duty of the clerk of the court re¬ 
ceiving such certified copy of the order and judgment of 
the court to enter the same of record and to cancel such 
original certificate of citizenship upon the records and to 
notify the Bureau of Immigration and Naturalization of 
such cancellation. 

The provisions of this section shall apply not only to 
certificates of citizenship issued under the provisions of this 
Act, but to all certificates of citizenship which may have 
been issued heretofore by any court exercising jurisdiction 
in naturalization proceedings under prior laws. 

Sec. 16. That every person who falsely makes, forges, 
counterfeits, or causes or procures to be falsely made, 
forged, or counterfeited, or knowingly aids or assists in 
falsely making, forging, or counterfeiting any certificate 
of citizenship, with intent to use the same, or with the intent 
that the same may be used by some other person or per¬ 
sons, shall be guilty of a felony, and a person convicted 
of such offense shall be punished by imprisonment for not 
more than ten years, or by a fine of not more than ten 
thousand dollars, or by both such fine and imprisonment. 

Sec. 17. That every person who engraves or causes 
or procures to be engraved, or assists in engraving, any 
plate in the likeness of any plate designed for the printing 
of a certificate of citizenship, or who sells any such plate, 
or who brings into the United States from any foreign 
place any such plate, except under the direction of the Sec¬ 
retary of Commerce and Labor, or other proper officer, and 
any person who has in his control, custody, or possession 
any metallic plate engraved after the similitude of any plate 
from which any such certificate has been printed, with in¬ 
tent to use such plate or suffer the same to be used in 
forging or counterfeiting any such certificate or any part 
thereof; and every person who prints, photographs, or in 
any other manner causes to be printed, photographed, made, 
or executed, any print or impression in the likeness of any 
such certificate, or any part thereof, or who sells any such 
certificate, or brings the same into the United States from 
any foreign place, except by direction of some proper 
officer of the United States, or who has in his possession a 
distinctive paper which has been adopted by the proper 
officer of the United States for the printing of such cer¬ 
tificate, with intent to unlawfully use the same, shall be 
pufiished by a fine of not more than ten thousand dollars, 
or by imprisonment at hard labor for not more than ten 
years, or by both such fine and imprisonment. 

Sec. 18. That it is hereby made a felony for any 
clerk or other person to issue or be a party to the issuance 
of a certificate of citizenship contrary to the provisions of 
this Act, except upon a final order under the hand of a 

2 E. L. 


i8 


ELECTION LAWS OF THE UNITED STATES. 

NATURALIZATION. 

court having jurisdiction to make such order, and upon 
conviction tnereof such clerk or other person shall be 
punished by imprisonment for not more than hve years 
and by a fine of not more than five thousand dollars, in the 
discretion of the court. 

Sec. 19. That every person who without lawful ex¬ 
cuse is possessed of any blank certificate of citizenship pro¬ 
vided by the Bureau of Immigration and Naturalization 
with intent unlawfully to use the same, shall be imprisoned 
at hard labor n^t more than five years or be fined not 
more than one thousand dollars. 

Sec. 20. That any clerk or other officer of a court 
having power under tnis Act to naturalize aliens, who 
willfully neglects to render true accounts of moneys re¬ 
ceived by him for naturalization proceedings or who will¬ 
fully neglects to pay over any balance of such moneys due 
to the Ijnited States within thirty days after said payment 
shall become due and demand therefor has been made and 
refused, shall be deemed guilty of embezzlement of the 
public moneys, and shall be punishable by imprisonment for 
not more than five years, or by a fine of not more than five 
thousand dollars, or both. 

Sec. 21. That it shall be unlawfol for any clerk of 
any court or his authorized deputy or assistant exercising 
jurisdiction in naturalization proceedings, or to demand, 
charge, collect, or receive any other additional fees or 
moneys in naturalization proceedings save the fees and 
moneys herein specified; and a violation of any of the pro¬ 
visions of this section or any part thereof is hereby de¬ 
clared to be a misdemeanor and shall be punished by im¬ 
prisonment for not more than two years, or by a fine of 
not more than one thousand dollars, or by both such fine 
and imprisonment. 

Sec. 22. That the clerk of any court exercising juris¬ 
diction in naturalization proceedings, or any person acting 
under authority of this Act, who shall knowingly certify 
that a petitioner, affiant, or witness named in an affidavit, 
petition, or certificate of citizenship, or other paper or wri¬ 
ting required to be executed under the provisions of this 
Act, personally appeared before him and was sworn 
thereto, or acknowledged the execution thereof or signed 
the same, when in fact such petitioner, affiant, or witness 
did not personally appear before him, or was not sworn 
thereto, or did not execute the same, or did not acknowl¬ 
edge the execution thereof, shall be punished by a fine not 
exceeding five thousand dollars, or by imprisonment not to 
exceed five years. 

Sec 23. That any person who knowingly procures 
naturalization in violation of the provisions of this Act 
shall be fined not more than five thousand dollars, or shall 
be imprisoned not more than five years, or both, and upon 


ELECTION LAWS OF THE UNITED STATES. 


19 


NATURALIZATION. 

conviction the court in which such conviction is had shall 
thereupon adjudge and declare the final order admitting 
such person to citizenship void. Jurisdiction is hereby con¬ 
ferred on the courts having jurisdiction of the trial of such 
offense to make such adjudication. Any person who know¬ 
ingly aids, advises, or encourages any person not entitled 
thereto to apply for or to secure naturalization, or to 
file the preliminary papers declaring an intent to become 
a citizen of the United States, or who in any naturalization 
proceeding knowingly procures or gives false testimony as 
to any material fact, or who knowingly makes an affidavit 
false as to any material fact required to be proved in such 
proceeding, shall be fined not more than five thousand dol¬ 
lars, or imprisoned not more than five years, or both. 

Sec. 24. That no person shall be prosecuted, tried, 
or punished for any crime arising under the provisions of 
this Act unless the indictment is found or the information 
is filed within five years next after the commission of such 
crime. 

Sec. 25. That for the purpose of the prosecution of 
all crimes and offenses against the naturalization laws of 
the United States which may have been committed prior 
to the date when this Act shall go into effect, the existing 
naturalization laws shall remain in full force and effect. 

Sec. 26. That sections twenty-one hundred and sixty- 
five, twenty-one hundred and sixty-seven, twenty-one hun¬ 
dred and sixty-eight, twenty-one hundred and seventy- 
three, of the Revised Statutes of the United States of 
America, and section thirty-nine of chapter one thousand 
and twelve of the Statutes at Large of the United States 
of America for the year nineteen hundred and three, and 
all Acts or parts of Acts inconsistent with or repugnant 
to the provisions of this Act are hereby repealed. 

Sec. 27. That substantially the following forms shall 
be used in the proceedings to which they relate: 

declaration of intention. 

« 

(Invalid for all purposes seven years after the date 
hereof.) 

. ss: 

I.. aged. years, occupation 

.. do declare on oath (affirm) that my personal 

description is: Color.. complexion. 

height.. weight.. color of hair. 

color of eyes.other visible distinctive marks 

.; I was born in.on the.day of 

.. anno Domini.; I now reside at.; 

I emigrated to the United States of America from. 

on the vessel.; my last foreign residence was 

. It is my bona fide intention to renounce for¬ 
ever all allegiance and fidelity to any foreign prince, po- 





















ELECTION LAWS OF THE UNITED STATES. 

NATURALIZATION. 

tentate, state, or sovereignty, and particularly to. 

of which I am now a citizen (subject) ; I arrived at the 

(port) of., in the State (Territory or District) 

of.on or about the...day of.anno 

Domini.; I am not an anarchist; I am not a 

polygamist nor a believer in the practice of polygamy; and 
it is my intention in good faith to become a citizen of the 
United States of America and to permanently reside 
therein. So help me God. 


(Original signature of declarant) 

Subscribed and sworn to (affirmed) before me this 

.day of., anno Domini. 

[L. S.] . 

(Official character of attestor.) 

PETITION FOR NATURALIZATION. 

.Court of. 

In the matter of the petition of.to be 

admitted as a citizen nf tlic United States of America. 
To the.Court: 

The petition of. . , . , ... respectfully shows ; 

First. My full name is. .............. 

Second. My place of residence is number. . = 

.street, city of., State (Territory 

or District) of. 

Third. My occupation is. 

Fourth. I was born on the.day of. 

at. 

Fifth. I emigrated to the United States from. 

on or about the.day of., anno-Domini 

., and arrived at the port of.. in the 

United States, on the vessel... 

Sixth. I declared my intention to become a citizen of 
the United States on the............. day of.......... at 

. in the... .court of. . 

Seventh. I am_married. My wife’s name is. 

. She was born in.and now resides at 

. I have.children and the name, date, 

and place of birth and place of residence of each of said 
children is as follows:.... ;... 


Eighth. I am not a disbeliever in of opposed to or¬ 
ganized government or a member of or affiliated with any 
organization or body of persons teaching disbelief in or¬ 
ganized government. I am not a polygamist nor a be¬ 
liever in the practice of polygamy. I am attached to the 
principles of the Constitution of the United States, and 
it is my intention to become a citizen of the United States 
and to renounce absolutely and forever all allegiance and 











































ELECTION LAWS OF THE UNITED STATES. 
NATURALIZATION. 


21 


fidelity to any foreign prince, potentate, state, or sover¬ 
eignty, and particularly to., of which at this time 

I am a citizen (or subject), and it is my intention to reside 
permanently in the United States. 

Ninth. I am able to speak the English language. 
Tenth. I have resided continuously in the United 
States of America for a term of five years at least immedi¬ 
ately preceding the date of this petition, to-wit, since. 

.anno Domini, and in the State (Territory or 

District) of.for one year at least next preceding 

the date of this petition, to-wit, since.day of 

.anno Domini. 

Eleventh. I have not heretofore made petition for 
citizenship to any court. (I made petition for citizenship 

to the.court of.. at.,and the 

said petition was denied by the said court for the follow¬ 
ing reasons and causes, to-wit,.. and the 

cause of such denial has since been cured or removed.) 

Attached hereto and made a part of this petition are 
my declaration of intention to become a citizen of the 
United States and the certificate from the Department of 
Commerce and Labor required by law. Wherefore your 
petitioner pra^'^s that he may be admitted a citizen of the 
United States of Am.erica, 

Dated. 

(Signature of petitioner). 

.. ss: 

... being duly sworn, deposes and 

says that he is the petitioner in the above-entitled proceed¬ 
ings; that he has read the foregoing petition and knows 
the contents thereof; that the same is true of his own 
knowledge, except as to matters therein stated to be alleged 
upon informaiton and belief, and that as to those matters 
he believes it to be true. 

Subscribed and sworn to before m.e this. . = . . .day 

of . . anno Dom.ini= 

Fl 3d .. 

Clerk of the....... Court. 


AFFIDAVIT OF WITNESSES. 

.Court of. 

In the matter of the petition of.to be 

admitted a citizen of the United States of America. 
. ss: 

.. occupation.. residing at 

. and..., occupation. 

residing at.. each being severally, duly, and re¬ 

spectively sworn, deposes and says that he is a citizen of 
the United States of Amreica; that he has personally 

known.., the petitioner above mentioned, 

to be a resident of the United States for a period of at least 





























22 


ELECTION LAWS OF THE UNITED STATES. 


NATURALIZATION. 

five years continuously immediately preceding the date of 
filing his petition, and of the State (Territory or District) 
in which the above-entitled application is made for a period 

of.years immediately preceding the date of 

filing his petition; and that he has personal knowledge that 
the said petitioner is a person of good moral character, 
attached to the principles of the Constitution of the United 
States, and that he is in every way qualified, in his opinion, 
to be admitted as a citizen of the United States. 


Subscribed and sworn to before me this.day 

of .. nineteen hundred and . 

[l. S.] . 

(Official character of attestor.) 

CERTIFICATE OF NATURALIZATION. 

Number. 

Petition, volume., page. 

Stub, volume., page. 

(Signature of holder) . 

Description of holder; Age,.; height.; 

color,.; complexion,.; color of eyes, 

.; color of hair,.; visible distinguishing 

marks, . Name, age, and place of residence of 

wife,. Names, ages, and 

places of residence of minor children... 


., ss: 

Be it remembered, that at a. term of the 

.court of.held at.on the 

.day of.; in the year of our Lord nine¬ 
teen hundred and., who previous to his 

(her) naturalization was a citizen or subject of. 

at present residing at number.street, 

.city (town),.State (Territory or 

District), having applied to be admitted a citizen of the 
United States of America pursuant to law, and the court 
having found that the petitioner had resided continuously 
within the United States for at least five years and in this 
State for one year immediately preceding the date of the 
hearing of his (her) petition, and that said petitioner in¬ 
tends to reside permanently in the United States, had in all 
respects complied with the law in relation thereto, and that 
.... he was entitled to be so admitted, it was thereupon 
ordered by the said court that, .he be admitted as a citizeti 
of the United States of America. 

In testimony whereof the seal of said court is here¬ 
unto affixed on the.day of..in the year 









































ELECTION LAWS OF THE UNITED STATES. 


23 


NATURALIZATION. 

of our Lord nineteen hundred and., and of our 

independence the. 

[L. S.] . 

(Official character of attestor.) 

STUB OF CERTIFICATE OF NATURALIZATION. 

No. of certificate. 

Name.; age, . 

Declaration of intention, volume., page. 

Petition, volume., page. 

Name, age, and place of residence of wife... 

. Names, ages and places of residence 

of minor children, . 


Date of order, volume., page. 

(Signature of holder) . 

Sec. 28. That the Secretary of Commerce and Labor 
shall have power to make such rules and regulations as may 
be necessary for properly carrying into execution the vari¬ 
ous provisions of this Act. Certified copies of all papers, 
documents, certificates, and records required to be used, 
filed, recorded, or kept under any and all of the provisions 
of this Act shall be admitted in evidence equally with the 
originals in any and all proceedings under this Act and in 
all cases in which the originals thereof might be admissible 
as evidence. 

Sec. 30. That all the applicable provisions of the 
naturalization laws of the United States shall apply to and 
be held to authorize the admission to citizenship of all per¬ 
sons not citizens who owe permanent allegiance to the 
United States, and who may become residents of any 
State or organized Territory of the United States, with the 
following modifications: The applicant shall not be required 
to renounce allegiance to any foreign sovereignty; he shall 
make his declaration of intention to become a citizen of the 
United States at least two years prior to his admission; and 
residence within the jurisdiction of the United States, owing 
such permanent allegiance, shall be regarded as residence 
within the United States within the meaning of the five 
years’ residence clause of the existing law. 

Sec. 31. That this Act shall take effect and be in 
force from and after ninety days from the date of its pas¬ 
sage: Provided, That sections one, two, twenty-eight, and 
twenty-nine shall go into effect from and after the passage 
of this Act. 

Approved, June 29, 1906. 























Who may 
vote. 


By ballot. 


Voters, when 
privileged 
from arrest. 


Forfeiture of 
elective fran¬ 
chise. 


Persons not 
considered 
residents of 
the state. 


Idiots or in¬ 
sane persons. 

Nomination 
of elective 
officers by 
direct vote. 


PROVISIONS 

of the 

Constitution of the State of Ohio 
RELATING TO ELECTIONS 


ARTICLE V. 

ELECTIVE FRANCHISE. 

Sec. I. Every white male citizen of the United 
States, of the age of twenty-one years, who shall have been 
a resident of the state one year next preceding the election, 
and of the county township, or ward, in which he resides, 
such time as may be provided by law, shall have the quali¬ 
fications of an elector, and be entitled to vote at all elec¬ 
tions. 

Note: — 1. This restriction on the elective franchise is,now 
abrogated by the 14th and 15th articles of amendment to the 
Federal Constitution. 

2. An inmate of a county infirmary who has adopted the 
township in which the infirmary is situated as his place of resi¬ 
dence, having no family elsewhere, and who possesses the other 
qualifications required by law, is entitled to vote in the township 
in which said infirmary is situated. Sturgeon v, Korte 34 O. S. 
525, 533. 

Sec. 2. All elections shall be by ballot. 

For definition of “ballot” see State v. Board, 80 O. S. 471. 

Sec. 3. Electors during their attendance at elections, 
and in going to, and returning therefrom, shall be privi¬ 
leged from arrest in all cases, except treason, felony, and 
breach of the peace. 

Sec. 4. The general assembly shall have power to 
exclude from the privilege of voting, or of being eligible 
to office, any person convicted of bribery, perjury or other 
infamous crimes. 

Sec. 5. No person in the military, naval, or marine 
service in the United States, shall by being stationed in 
any garrison, or military, or naval station, within the state, 
be considered a resident o 4 this state. 

Sec. 6 . No idiot, or insane person, shall be entitled 
to the privileges of an elector. 

Sec. 7. All nominations for elective state, district, 
county and municipal offices shall be made at direct primary 
elections or by petition as provided by law, and provision 
shall be made by law for a preferential vote for United 
States senator; but direct primaries shall not be held for 

24 



PROVISIONS OF THE CONSTITUTION OF OHIO. 
RELATING TO ELECTIONS. 


2?5 


the nomination of township officers or for the officers of 
municipalities of less than two thousand population, unless 
petitioned for by a majority of the electors of such town¬ 
ship or municipality. All delegates from this state to the 
national conventions of political parties shall be chosen by 
direct vote of the electors. Each candidate for such dele¬ 
gate shall state his first and second choices for the presi¬ 
dency, which preferences shall be printed upon the primary 
ballot below the name of such candidate, but the name of 
no candidate for the presidency shall be so used without 
his written authority. 

ARTICLE XVII. 

Sec. I. Elections for state and county officers 
shall be held on the first Tuesday after the first Monday in 
November in the even numbered years; and all elections 
for all other elective officers shall be held on the first 
Tuesday after the first Monday in November in the odd 
numbered years. 

Sec. 2. The term of office of the governor, lieutenant 
governor, attorney-general, secretary of state and treasurer 
of state shall be two years, and that of the auditor of 
state shall be four years. The term of office of the judges 
of the supreme court and circuit courts shall be such 
even number of years not less than six (6) years as may 
be prescribed by the general assembly; that of the judges 
of the common pleas court six (6) years and of the judges 
of the probate court, four (4) years, and that of other 
judges shall be such even number of years not exceeding 
six (6) years as may be prescribed by the general assembly. 
The term of office of justices of the peace shall be such 
even number of years not exceeding four (4) years as 
may be so prescribed; and the term of office of the mem¬ 
bers of the board of public works shall be such even num¬ 
ber of years not exceeding six (6) years as may be pre¬ 
scribed; and the term of office of all elective county, town¬ 
ship, municipal and school officers shall be such even num¬ 
ber of- years not exceeding four (4) years as may be so 
prescribed. 

And the general assembly shall have power to so 
extend existing terms of office as to effect the purpose of 
section i of this article. 

Any vacancy which may occur in any elective state 
office other than that of a member of the general assembly 
or of governor, shall be filled by appointment by the gov¬ 
ernor until the disability is removed, or a successor elected 
and qualified. Every such vacancy shall be filled by elec¬ 
tion at the first general election for the office which is 
vacant, that occurs more than thirty (30) days after the 
vacancy shall have occurred. The person elected shall fill 
the office for the unexpired term. All vacancies in other 
elective offices shall be filled for the unexpired term in 
such manner as may be prescribed by law. 


Section does 
not apply 
to townships 
or munci- 
palities less 
than 2000 
population. 


Times for 
holding elec¬ 
tions. 


Terms of 
officers. 


Vacancies. 


z6 


PROVISIONS OF THE CONSTITUTION OF OHIO. 


Sec. 3. Every elective officer holding office when this 
amendment is adopted, shall continue to hold such office 
for the full term for which he was elected, and until his 
successor shall be elected and qualified as provided by law. 


Right 

reserved to 
propose laws 
and amend¬ 
ments to the 
constitution 
and to adopt 
or reject the 
same at the 
polls. 


Percentum 
required to 
propose an 
amendment; 
filing 
petition. 


Percentum re¬ 
quired to 

f )ropose a 
aw. 


When pro¬ 
posed law 
shall be re¬ 
ferred to elec¬ 
tors; supple¬ 
mentary 
petition, 


ARTICLE 11 . 

LEGISLATIVE. 

Sec. I. The legislative power of the state shall be 
vested in a general assembly consisting of a senate and 
house of representatives but the people reserve to them¬ 
selves the power to propose to the general assembly laws 
and amendments to the constitution, and to adopt or reject 
the same at the polls on a referendum vote as hereinafter 
provided. They also reserve the power to adopt or reject 
any law, section of any law or any, item in any law ap¬ 
propriating money passed by the general assembly, except 
as hereinafter provided; and independent of the general 
assembly to propose amendments to the constitution and to 
adopt or reject the same at the polls. The limitations ex¬ 
pressed in the constitution, on the power of the general 
assembly to enact laws, shall be deemed limitations on the 
power of the people, to enact laws. (Adopted Sept. 3, 
1912.) 

Sec. la. The first aforestated power reserved by the 
people is designated the initiative, and the signatures of 
ten per centum of the electors shall be required upon a 
petition 'to propose an amendment to the constitution. 
When a petition signed by the aforesaid required number of 
electors, shall have been filed with the secretary of state, 
and verified as herein provided, proposing an amendment 
to the constitution, the full text of which shall have been 
set forth in such petition, the secretary of state shall submit 
for the approval or rejection of the electors, the proposed 
amendment, in the manner hereinafter provided, at the 
next succeeding regular or general election in any year 
occurring subsequent to ninety days after the filing of such 
petition. The initiative petitions, above described, shall 
have printed across the top thereof: “Amendment to tiie 
Constitution Proposed by Initiative Petition to be Sub¬ 
mitted Directly to the Electors”. (Adopted Sept. 3, 1912.) 

Sec. ib. When at any time, not less than ten days 
prior to the commencement of any session of the general 
assembly, there shall have been filed with the secretary 
of state a petition signed by three per centum of the elec¬ 
tors and verified as herein provided, proposing a law, the 
full text of which shall have been set forth in such petition, 
the secretary of state shall transmit the same to the gen¬ 
eral assembly as soon as it convenes. If said proposed 
law shall be passed by the general assembly, either as pe¬ 
titioned for or in an amended form, it shall be subject to 
the referendum. If it shall not be passed, or if it shall be 
passed in an amended form, or if no action shall be taken 
thereon within four months from the time it is received 


PROVISIONS OF THE CONSTITUTION OF OHIO. 


27 


by the general assembly, it shall be submitted by the secre¬ 
tary of state to the electors for their approval or rejection 
at the next regular or general election, if such submission 
shall be demanded by supplementary petition verified as 
herein provided and signed by not less than three per 
centum of the electors in addition to those signing the 
original petition, which supplementary petition must be 
signed and filed with the secretary of state within ninety 
days after the proposed law shall have been rejected by the 
general assembly or after the expiration of such term of 
four months, if no action has been taken thereon, or 
after the law as passed by the general assembly shall have 
been filed by the governor in the office of the secretary of 
state. The proposed law shall be submitted in the form 
demanded by such supplementary petition, which form shall 
be either as first petitioned for or with any amendment or 
amendments which may have been incorporated therein 
by either branch or by both branches of the general as¬ 
sembly. If a proposed law so submitted is approved 
by a majority of the electors voting thereon, it shall 
be the law and shall go into effect as herein pro¬ 
vided in lieu of any amended form of said law which may 
have been passed by the general assembly, and such 
amended law passed by the general assembly shall not go 
into effect until and unless the law proposed by supple¬ 
mentary petition shall have been rejected by the electors. 
All such intiative petitions, last above described, shall have 
printed across the top thereof, in case of proposed laws: 
“Law Proposed by Initiative Petition First to be Sub¬ 
mitted to the General Assembly.” Ballots shall be so 
printed as to permit an affirmative or negative vote upon 
each measure-submitted to the electors. Any proposed 
law or amendment to the constitution submitted to the 
electors as provided in section la and section ib, if approved 
by a majority of the electors voting thereon, shall take ef¬ 
fect thirty days after the election at which it was approved 
and shall be published by the secretary of state. If con¬ 
flicting proposed laws or conflicting proposed amendments 
to the constitution shall be approved at the same election 
by a majority of the total number of votes cast for and 
against the same, the one receiving the highest number of 
affirmative votes shall be the law, or in the case of amend¬ 
ments to the constitution shall be the amendment to the 
constitution. No law proposed by initiative petition and 
approved by the electors shall be subject to the veto of the 
governor. (Adopted Sept. 3, 1912.) 

Sec. ic. The second aforestated power reserved by 
the people is designated the referendum, and the signatures 
of six per centum of the electors shall be required upon a 
petition to order the submission to the electors of the state 
for their approval or rejection, of any law, section of any 
law or any item in any law appropriating money passed 


How Initiative 
Petition shall 
be printed; 
ballot sub¬ 
mitting the 
same. 


When 

proposed law 
or amend¬ 
ment, if 
approved 
shall take 
effect. 


Percentum re¬ 
quired to 
refer a law 
etc., to the 
electors; filing 
petition. 


28 


PROVISIONS OF THE CONSTITUTION OF OHIO. 


by the general assembly. No law passed by the general 
assembly shall go into effect until ninety days after it shall 
have been filed by the governor in the office of the secre¬ 
tary of state, except as herein provided. When a petition, 
signed by six per centum of the electors of the state and 
verified as herein provided, shall have been filed with the 
secretary of state within ninety days after any law shall 
have been filed by the governor in the office of the secretary 
of state, ordering that such law, section of such law or 
any item in such law appropriating money be submitted to 
the electors of the state for their approval or rejection, 
the secretary of state shall submit to the electors of the 
state for their approval or rejection such law, section or 
item, in the manner herein provided, at the next succeeding 
regular or general election in any year occurring subse¬ 
quent to sixty days after the filing of such petition, and 
no such law, section or item shall go into effect until and 
unless approved by a majority of those voting upon the 
same. If, however, a referendum petition is filed against 
any such section or item, the remainder of the law shall 
not thereby be prevented or delayed from going into effect. 
(Adopted Sept. 3, 1912.) 

Laws not ^EC. id. Laws providing for tax levies, appropria- 

the^Tef-^° fions for the current expenses of the state government and 

erendum. State institutions, and emergency laws necessary for the 

immediate preservation of the public peace, health or 
safety, shall go into immediate effect. Such emergency 
laws upon a yea and nay vote must receive the vote of 
two-thirds of all the members elected to each branch of the 
general assembly, and the reasons for such necessity shall 
be set forth in one section of the law, which section shall 
be passed only upon a yea and nay vote, upon a separate 
roll call thereon. The laws mentioned in this section 
shall not be subject to the referendum. (Adopted Sept. 

3.1912-) 


L and R. Sec. le. Tile powers defined herein as the “initiative” 

S?d to°^ias- “referendum” shall not be used to pass a law authoriz- 

sify prop- ing any classification of property for the purpose of levying 

sinjie^^^taxl"^ different rates of taxation thereon or of authorizing the 

levy of any single tax on land or land values or land sites 
at a higher rate or by a different rule than is or may be 
applied to improvements thereon or to personal property. 
(Adopted Sept. 3, 1912.) 


I. and R. pow- Sec. if. The initiative and referendum powers are 
to^niunfd-^^ hereby reserved to the people of each municipality on all 
paiities. questions which such municipalities may now or hereafter 

be authorized by law to control by legislative action; such 
powers shall be exercised in the manner now or hereafter 
provided by law. (Adopted Sept. 3, 1912.) 


PROVISIONS OF THE CONSTITUTION OF OHIO. 


29 


Sec. ig. Any initiative, supplementary or referendum 
petition may be presented in separate parts but each part 
shall contain a full and correct copy of the title, and text 
of the law, section or item thereof sought to be referred, 
or the proposed law or proposed amendment to the consti¬ 
tution. Each signer of any initiative, supplementary or 
referendum petition must be an elector of the state and 
shall place on such petition after his name the date of 
signing and his place of residence. A signer residing out¬ 
side of a municipality shall state the township and county 
in which he resides. A resident of a municipality shall 
state in addition to the name of such municipality, the 
street and number, if any, of his residence and the ward 
and precinct in which the same is located. The names of 
all signers to such petitions shall be written in ink, each 
signer for himself. To each part of such petition shall be 
attached the affidavit of the person soliciting the signatures 
to the same, which affidavit shall contain a statement of 
the number of the signers of such part of such petition 
and shall state that each of the signatures attached to such 
part was made in the presence of the affiant, that to the 
best of his knowledge and belief each signature on such 
part is the genuine signature of the person whose name it 
purports to be, that he believes the persons who have signed 
it to be electors, that they so signed said petition with 
knowledge of the contents thereof, that each signer signed 
the same on the date stated opposite his name; and no 
other affidavit thereto shall be required. The petition and 
signatures upon such petitions, so verified, shall be pre¬ 
sumed to be in all respects sufficient, unless not later than 
forty days before the election, it shall be otherwise proved 
and in such event ten additional days shall be allowed for 
the filing of additional signatures to such petition. No 
law or amendment to the constitution submitted to the elec¬ 
tors by initiative and supplementary petition and receiving 
an affirmative majority of the votes cast thereon, shall be 
held unconstitutional or void on account of the insufficiency 
of the petitions by which such submission of the same 
was procured; nor shall the rejection of any law submitted 
by referendum petition be held invalid for such insuffi¬ 
ciency. Upon all initiative, supplementary and referendum 
petitions provided for in any of the sections of this article, 
it shall be necessary to file from each of one-half of the 
counties of the state, petitions bearing the signatures of 
not less than one-half of the designated percentage of the 
electors of such county. A true copy of all laws or pro¬ 
posed laws or proposed amendments to the constitution, 
together with an argument or explanation, or both, for, 
and also an argument or explanation, or both, against the 


What petition 
or part 

petitions shall 
contain; 
qualifications 
of signer. 


Signing 
petition; 
affidavit of 
solicitor. 


Petition and 
signatures 
presumed to 
be sufficient 
unless other¬ 
wise proved; 
additional 
signatures. 


Not less than 
one-half the 
designated 
percentage 
required 
from each of 
one-half 
of the coun¬ 
ties. 


30 


PROVISIONS OF THE CONSTITUTION OF OHIO. 


Printing and 
distribution 
of copies of 
proposed 
laws and 
amendments 
together 
with argu¬ 
ment for and 
against the 
same. 


Preparation 
ind printing 
of ballot. 


Basis upon 
which num¬ 
ber of 
petitioners 
determined. 


same, shall be prepared. The person or persons who pre¬ 
pare the argument or explanation, or both, against any law, 
section or item, submitted to the electors by referendum 
petition, may be named in such petition and the persons 
who prepare the argument or explanation, or both, for any 
proposed law or proposed amendment to the constitution 
may be named in the petition proposing the same. The 
person or persons who prepare the argument or explana¬ 
tion, or both, for the law, section or item, submitted to the 
electors by referendum petition, or against any proposed 
law submitted by supplementary petition, shall be named 
by the general assembly, if in session, and if not in session 
then by the governor. The secretary.of state shall cause 
to be printed the law, or proposed law, or proposed amend¬ 
ment to the constitution, together with the arguments and 
explanations, not exceeding a total of three hundred words 
for each, and also the arguments and explanations, not ex¬ 
ceeding a total of three hundred words against each, and 
shall mail, or otherwise distribute, a copy of such law, or 
proposed law, or proposed amendment to the constitution, 
together with such arguments and explanations for and 
against the same to each of the electors of the state, as far 
as may be reasonably possible. Unless otherwise provided 
by law, the secretary of state shall cause to be placed upon 
the ballots, the title of any such law, or proposed law, or 
proposed amendment to the constitution, to be submitted. 
He shall also cause the ballots so to be printed as to permit 
an affirmative or negative vote upon each law, section of 
law, or'item in a law appropriating money, or proposed 
law or proposed amendment to the constitution. The style 
of all laws submitted by initiative and supplementary pe¬ 
tition shall be: ‘‘Be it Enacted by the People of the State 
of Ohio,” and of all constitutional amendments: “Be It 
Resolved by the People of the State of Ohio.” The basis 
upon which the required number of petitioners in any case 
shall be determined shall be the total number of votes cast 
for the office of governor at the last preceding election 
therefor. The foregoing provisions of this section shall be 
self-executing, except as herein otherwise provided. Laws 
may be passed to facilitate their operation, but in no way 
limiting or restricting either such provision or the powers 
herein reserved. (Adopted Sept. 3, 1912.) 


PROVISIONS OF THE GENERAL CODE. 


31 


RELATING TO THE FILLING OF VACANCIES IN ELECTIVE STATE OFFICES 
AND JUDGESHIPS. 

VACANCIES. 

Section 141. A vacancy occurring in an elective state vacancy in 
office other than that of a member of the general assembly 
or of governor, shall be filled by appointment by the gov¬ 
ernor until the disability is removed, or a successor is elected 
and qualified. Such vacancies shall be filled by election at 
the first general election for the office which is vacant, that 
occurs more than thirty days after the vacancy shall have 
occurred. The person elected shall fill the office for the 
unexpired term. (Cons. Art. XVII, Sec. 2; R. S. Sec. 81.) 

Section 142. If the office of a judge becomes vacant vacancy in 
by reason of the expiration of the term of the incumbent, 
and a failure to provide therefor at the preceding election, 
such vacancy shall be filled by appointment by the governor. ^ ‘ 

The person so appointed shall hold the office until a succes¬ 
sor is elected and qualified. Such successor shall be elected 
for the unexpired term at the first general election for the 
office which is vacant that occurs more than thirty days 
after such appointment. (R. S. Sec. 82.) 

REGULAR election DAY A HALF HOLIDAY. 

Sec. 5976. The first Tuesday after the first Monday a P9rtion of 
in November of each year, between the hours of twelve pfr^i^’hoiiday ^ 
o’clock noon, central standard time, and five-thirty o’clock 
p. m. central standard time, shall be a legal part holiday. 
fi03v. 25.) 


TITLE XIV. PUBLIC ELECTIONS 


CHAPTER I 
CHAPTER 2 
CHAPTER 3 
CHAPTER 4 
CHAPTER 5 
CHAPTER 6 
CHAPTER 7 
CHAPTER 8 
CHAPTER 9 
CHAPTER 10 
CHAPTER II 
CHAPTER 12 


Supervision of Elections. 

Time and Notice of Elections. 
Election Precincts. 

Qualifications of Electors. 
Registration of Electors. 

Primary Elections. 

Nomination of Candidates. 

Ballots and Supplies. 

Casting and Counting of Vote. 
Returns and Abstracts. 

Contests of Elections. 

Meeting of Presidential Electors. 


CHAPTER 1. 


SUPERVISION 

Section 

4785. Conduct of public elections. 

4786. Offices of state supervisor and state 

supervisor and inspector. 

4787. Secretary of state shall perform duties 

of such offices. 

DEPUTY STATE SUPERVISORS AND 

inspectors. 

4788. Board of deputy state supervisors and 

inspectors of elections. 

4789. Appointment of deputy state supervisors 

and inspectors. 

4790. Recommendation by party committee. 

4791. Vacancies. 

4792. Recommendation to fill vacancy. 

4793. How rightful committee determined. 

4794. Organization of board. 

4795. Selection of clerk and deputy clerk. 

4796. Selection of chief deputy. 

4797. Removal of clerk ana deputy clerk. 

4798. Vacancy in offices of chief deputy and 

clerk, how filled. 

4799. Duties and compensation of deputy 

clerk. 

4800. Investigation and prosecution of vio¬ 

lations of election laws. 

4801. General powers and duties of board. 

4802. How terms “state supervisor” and 

“clerk” construed. 


OF ELECTIONS. 

DEPUTY STATE SUPERVISORS. 

Section * 

4803. Board of deputy state supervisors. 

4804. Appointment of deputy state supervi¬ 

sors; terms. 

4805. Recommendation by party committee. 

4806. Vacancies. 

4807. Recommendations to fill vacancy. 

4808. How rightful executive committee de¬ 

termined. 

4809. Oath of deputy state supervisor. 

4810. Removal of deputy state supervisor. 

4811. Organization of board. 

4812. Selection of clerk. 

4813. Selection of chief deputy. 

4814. Oath of clerk. 

4815. Removal of clerk. 

4816. Clerk may administer oaths. 

4817. Board shall meet before each election. 

4818. Certificates of nominations and nomina¬ 

tion papers. 

4819. General duties of deputy state super¬ 

visors. 

4820. Investigation of violations of election 

laws. 

4821. Necessary expenses of the board. 

4822. Compensation of members and clerks. 

4823. Collation and publication of election 

laws. 


Conduct of 
public elec¬ 
tions. 


Offices of 
state super¬ 
visor and 
state super¬ 
visor and in¬ 
spector. 


Section 4785 . Except when otherwise provided by 
law, all public elections in this state shall be conducted ac¬ 
cording to the provisions of this title. (R. S. Sec. 2922; 
97 V. 225 § I.) 

Section 4786. There shall be a state supervisor and 
inspector of elections and a state supervisor of elections, 
with the powers and duties hereinafter prescribed for the 
conduct and supervision of the registration of electors and 
of elections in this state, except as otherwise provided by 
law. (97 V. 218 § I. 


32 





Chap. I 


SUPERVISION OF ELECTIONS. 


33 


Section 4787 . By virtue of his office, the secretary 
of state shall be the state supervisor and inspector of elec¬ 
tions, and the state supervisor of elections and, in addition 
to the duties now imposed upon him by law, he shall per¬ 
form the duties of such offices as prescribed in this title. 
(97 V. 218 § 2 .) 

Note: —It is not the duty of the_Secretary of State to render 
opinions as to every election complication that arises, but only 
to advise the deputy state supervisors as to the proper method of 
conducting elections after they have been called. 


DEPUTY STATE SUPERVISORS AND INSPECTORS. 

Section 4788. In each county of the state which con¬ 
tains a city wherein annual general registration of the elec¬ 
tors is required by law, or which contains two or more cities 
in which registration is required by law, there shall be a 
board of deputy state supervisors and inspectors of elec¬ 
tions, consisting of four members who shall be qualified 
electors of the county. (102 v. 98.) 

Note:— The Deputy State Supervisors of Elections are not 
officers within the legal definition of that term, and, though their 
jurisdiction may be coterminous with that of the county, they 
are not county officers, and, therefore. Sec. 2966-3 R. S. does not 
violate Sec. 1 of Art. 10 of the Constitution. 

State Ex rel. Vail v. Craig, 8 N. P. 148 . 

As, to powers of board of elections to employ legal counsel 
see State ex rel. v. Boyden, 10 O. C. D. 137 . 

A court of equity will not enjoin a board of elections from 
proceeding in the exercise of its powers on the ground that such 
proceedings are irregular or illegal, where it does not appear that 
they will involve any expenditure of the public funds. 

Columbus V. City Board of Elections, 13 O. D. 452 . 

The deputy state supervisors are not constituted a board, or 
corporate body by the statute, but each one acts simply as a 
deputy state supervisor, and in case of litigation the action should 
be against him in that capacity, and he may prosecute an error, 
even though the others refuse to join with him. 

Randall et al. v. State ex rel. Hunter et al., 64 O. S. 57 . 

Section 4789. On or before the first day of Alay, 
biennially, the state supervisor and inspector of elections 
shall appoint for each such county two members of the 
board of deputy state supervisors and inspectors of elec¬ 
tions, who shall each serve for a term of four years from 
such first day of May. One member so appointed shall be 
from the political party which cast the highest number of 
votes at the last preceding November election for governor, 
and the other member shall be appointed from the political 
party which cast the next highest number of votes for such 
officer at such election. (98 v. 288 § 3.) 

The provision that the appointment of deputy state super¬ 
visors and inspectors of elections shall be made on or before the 
first day of May is directory, and such appointment if made after 
such date would be valid. Atty. Gen. 4 - 22 - 1908 . 

3 E L. 


Secretary of 
state shall 
perform 
such offices. 


Board of dep¬ 
uty state su¬ 
pervisors and 
inspectors of 
elections. 


Appointment 
of deputy 
state super¬ 
visors and 
inspectors. 


34 


SUPERVISION OF ELECTIONS. 


Chap. I 


Recommenda¬ 
tion by party 
committee. 


Section 4790. If the executive committees of the 
two political parties in the county, casting the highest and 
next highest number of votes in the state at the last pre¬ 
ceding November election for state officers, recommend 
qualified persons to the state supervisor and inspector at 
least five days before the first day of May, the state super¬ 
visor and inspector shall appoint the persons.so recom¬ 
mended to the number to which such party is entitled. If 
no such recommendation is made, the state supervisor and 
inspector shall make the appointments as provided in this 
chapter. (98 v. 288 § 3.) 

Note :—The state supervisor must regard all recommenda¬ 
tions of county executive commitees of political parties made five 
days before the first of May, and in case of recommendations by 
rival committees of the same party must submit the controversy 
to the state central committee of such party, which has ten days 
in which to decide. Atty. Gen. 4-22-1908. 

When a recommendation for the appointment of a qualified 
person as deputy state supervisor of elections, signed by the chair¬ 
man, secretary and members of the county executive committee of 
a political party that at the present November election cast the 
highest number of votes for governor or secretary of state, is 
placed on file, with the state supervisor of elections, within the 
required time, it is his duty to appoint the person so recommended. 

Mandamus is the proper remedy to enforce the performance 
of that duty. State ex rel. Culbert v. Kinney, Secretary, 63 O. S. 
304. 


Vacancies. 


Recommet ela¬ 
tion to fill 
vacancy. 


How r'glitful 
committee 
determi; ed. 


Section 4791. All vacancies shall be filled and all ap¬ 
pointments to new terms made from the political party to 
which the vacating or out-going member belonged, unless 
there is a third political party which cast a greater number 
of votes in this state at the next preceding November elec¬ 
tion for state officers than did the party to which the re¬ 
tiring members belonged, in which event the vacancy shall 
be filled from such third party. (98 v. 288 § 3.) 

Section 4792. If, within five days after a vacancy 
occurs in the membership of a board of deputy state super¬ 
visors and inspectors, the executive committee of the party 
entitled to the appointment to fill such vacancy recommends 
a qualified person to the state supervisor and inspector, he 
shall appoint such person to fill such vacancy for the un¬ 
expired term. If no such recommendation is made, the 
state supervisor and inspector shall make the appointment 
as provided in this chapter. (98 v. 288 § 3.) 

Section 4793. When recommendations are made to 
the state supervisor and inspector for appointment to new 
terms or to fill vacancies in the office of deputy state super¬ 
visor and inspector by more than one committee, each claim¬ 
ing to be the rightful executive committee of a political 
party entitled to recommend qualified persons for appoint¬ 
ment on such board, the state supervisor and inspector, be¬ 
fore making any such appointment, shall notify the chair¬ 
man of the state central committee of the political party 
entitled to such appointment and-shall recognize that com¬ 
mittee as the rightful executive committee which such state 
central committee shall certify to be the rightful committee 


Chap. I 


SUPERVISION OF ELECTIONS. 


35 


of such party. If such committee fails to make such cer¬ 
tification for ten days from the giving of such notice, the 
state supervisor ’and inspector shall determine which of 
such disputing bodies or 'committees is the rightful com¬ 
mittee of such party, and shall make the appointment, as 
provided in this chapter. (98 v. 288 § 3.) 

Section 4794. Biennially, within five days after such 
appointments are made, the deputy state supervisors and 
inspectors shall meet and organize by selecting one of their 
number as chief deputy, who shall preside at all meetings, 
and two resident electors of the county, other than members 
of the board, as clerk and deputy clerk, respectively, all of 
which officers shall continue in office for two years. (98 
V. 288 § 3.) 

Section 4795. The balloting for such officers shall 
commence at or before one o’clock, afternoon, of the day of 
the convening, and at least one ballot shall be taken every 
twenty minutes until such organization is effected, or five 
ballots have been cast, as hereinafter provided. The clerk 
shall first be selected by the votes of at least three members. 
If, after five ballots, no person shall be agreed upon as 
clerk, the names of all persons so voted for on the fifth 
ballot, together with the names of the deputies who nomi¬ 
nated them, shall be certified to the state supervisor and in¬ 
spector, who shall designate therefrom one of such persons 
to serve as clerk and another such person to serve as deputy 
clerk. The clerk and deputy clerk shall be of opposite 
political parties, and each such officer shall have been nomi¬ 
nated by a deputy state supervisor and inspector of the 
political party to which he belongs. (98 v. 288 § 3.) 

Section 4796. After the selection of the clerk, the 
chief deputy shall be selected from the deputies of oppo¬ 
site politics to that of the clerk. If, upon the first ballot, 
no person shall be agreed upon as chief deputy, the deputy 
of opposite politics to the clerk and having the shortest 
term to serve shall be chief deputy and preside at all meet¬ 
ings. When such organization is perfected, the clerk shall 
forthwith report it to the state supervisor and inspector. 
(98 V. 288 § 3.) 

Section 4797. The clerk or deputy clerk may be re¬ 
moved by the state supervisor and inspector or by the 
deputy state supervisors and inspectors for any violation 
or neglect' of duty or other good and sufficient cause. (98 
V. 288 § 3.) 

Section 4798. Vacancies in the offices of chief 
deputy, clerk and deputy clerk shall be filled in the same 
manner as original selections are made and be persons be¬ 
longing to the same political party as that to which the out¬ 
going officer belonged. (98 v. 288 § 3.) 

Section 4799. The deputy clerk of the board of 
deputy state supervisors and inspectors shall perform such 
duties and receive such compensation, not exceeding one 
hundred fifty dollars each month, as shall be determined by 
the board. (98 v. 288 § 3.) 


Organization 
of board. 


Selection of 
clerk and 
deputy 
clerk. 


Selection of 
chief deputy. 


Removal of 
clerk and 
deputy clerk. 


Vacancy in 
offices of 
chief deputy 
and clerk, 
how filled. 


Duties and 
compensation 
of deputy 
clerk. 


36 


SUPERVISION OF ELECTIONS. 


Chap. I 


Investigation 
and prosecu¬ 
tion of viola¬ 
tions of elec¬ 
tion laws. 


General 
powers and 
duties of 
board. 


How term 
“state super¬ 
visor” and 
“clerk” con¬ 
strued. 


Board of 
deputy .state 
supervisors. 


A 'i>. intment 
( i' dr])uty state 
'i-i) rvisors; 
t..rm''. 


Section 4800. The board of deputy state supervisors 
and inspectors shall investigate and prosecute all violations 
of the laws relating to the registration of electors, the right 
of suffrage and the conduct of elections, and make report 
thereof to the state supervisor and inspector. When ap¬ 
proved by the state supervisor and inspector and by a vote 
of a majority of its members, each such board may incur 
any expense necessary to the conduct of such investigations 
and prosecutions. (97 v. 233 § 8.) 

Section 4801. In addition to the powers and duties 
conferred upon them by the preceding section, the state 
supervisor and inspector of elections shall have the rights, 
powers and duties conferred and imposed by law upon the 
state supervisor of elections, and boards of deputy state 
supervisors and inspectors of elections shall have all the 
rights, powers and duties conferred and imposed by law 
upon boards of deputy state supervisors of elections, as 
hereinafter provided. (98 v. 288 § 3.) 

Section 4802. In this title and other laws relating to 
elections, unless otherwise expressly provided therein, the 
term “state supervisor” shall apply to the state supervisor 
and inspector equally with the state supervisor, the term 
“deputy state supervisors” shall apply to deputy state 
supervisors and inspectors of elections equally with deputy 
state supervisors of elections, the term “board of deputy 
state supervisors of elections” shall apply to the board of 
deputy state supervisors and inspectors of elections equally 
with the’ board of deputy state supervisors of elections, and 
the term “clerk” shall apply to the clerk of the board of 
deputy state supervisors and inspectors of elections equally 
with the clerk of the board of deputy state supervisors of 
elections. (98 v. 288 § 3.) 

DEPUTY state SUPERVISORS. 

Section 4803. Except in counties containing cities 
wherein annual general registration of electors is required 
by law, or which contains two or more cities in which regis¬ 
tration is required by law, there shall be a board of deputy 
state supervisors of elections for each county consisting of 
four members who shall be qualified electors. (102 v. 98.) 

Section 4804. On or before the first Monday in 
August, 1913, the state supervisor of elections shall appoint 
for each such county two members of the board of deputy 
state supervisors of elections, who shall each serve until the 
first day of May, 1916, and whose successors shall then be 
appointed and serve for a term of two years from and 
after such date. And on or before the first Monday in 
August, 1914, such state supervisor of elections shall ap¬ 
point for each such county two members of the board of 
deputy state supervisors of elections who shall each serve 
until the first day of May in the year 1917, and whose sue- 



Chap. I 


SUPERVISION. OF ELECTIONS. 


37 


cessors shall then be appointed and serve for a term of two 
years from and after such date. One member so appointed 
shall be from the political party which cast the highest 
number of votes at the last preceding November electioit 
for governor, and the other member shall be appointed 
from the political party which cast the next highest number 
of votes for such officer at such election. (103 v. 215.) 

Section 4805. For the terms fixed by the preceding Recommenda- 
section to begin on the first Monday in August, if the execu- comnlittee^^^^ 
tive committee of the two political parties in the county cast¬ 
ing the highest and next highest number of votes in the 
state at the last preceding November election for state of¬ 
ficers recommend qualified persons to the state supervisor 
at least fifteen days before the first day of August, the state 
supervisor shall appoint the persons so recommended to the 
number to which each such party is entitled, and for the 
terms fixed by the preceding section to begin on the first 
day of May if the executive committee of the two political 
parties in the county casting the highest and next highest 
number of votes in the state at the last preceding Novem¬ 
ber election for state officers recommend qualified persons 
to the state supervisor at least fifteen days before the first 
day of May, the state supervisor shall appoint the persons 
so recommended to the number to which each such party is 
entitled. (103 v. 215.) 

Note: — When a recommendation for the appointment of a 
qualified person as deputy state supervisor of elections, signed by 
the chairman, secretary and members of the county executive com¬ 
mittee of a political party that at the present November election 
cast the highest number of votes for governor or secretary of 
state, is placed on file, with the state supervisor of elections, within 
the required time, it is his duty to appoint the person so recom¬ 
mended. 

Mandamus is the proper remedy to enforce the performance 
of that duty. 

State Ex rel. Culbert v. Kinney, Secretary, 63 O. S. 304. 

Section 4806. All vacancies shall be filled and all vacancies, 
appointments to new terms shall be made from the political 
party to which the vacating or out-going member belongs, 
unless there is a third political party which, at the next pre¬ 
ceding November election for state officers, cast a greater 
number of votes in the state than did the party to which the 
retiring member belonged, in which event the vacancy shall 
be filled from such third party. (98 v. 288 § 3.) 

Section 4807. If, within five days after such vacancy Recommenda- 
occurs in the membership of a board of deputy state' tio^s to mi 
supervisors, the executive committee of the party entitled 
to the appointment to fill such vacancy recommends a quali¬ 
fied person to the state supervisor, he shall appoint such 
person to fill such vacancy for the unexpired term. If no 
such recommendation is made, the state supervisor shall 
make the appointment as provided in this chapter. (98 v. 

288 § 3.) 


38 


SUPERVISION OF ELECTIONS. 


Chap. I 


How rightful 
executive com¬ 
mittee deter¬ 
mined. 


Oath of dep¬ 
uty state 
supervisor. 


Removal of 
deputy state 
supervisor. 


Organization 
of board. 


Section 4808'. When recommendations are made to 
the state supervisor for appointment to new terms or to fill 
vacancies in the office of deputy state supervisor by more 
than one committee, each claiming to be the rightful execu¬ 
tive committee of a political party entitled to recommend 
qualified persons for appointment on such board, such state 
supervisor, before making any such appointment, shall 
notify the chairman of the state central committee of the 
political party entitled to such appointment, and he shall 
recognize that committee as the rightful executive com¬ 
mittee which such state central committee shall certify to 
be the rightful committee of such party. If such committee 
fa*ils to make such certification for ten days from the giving 
of such notice, the state supervisor shall determine which 
of such disputing bodies or committees is the rightful com¬ 
mittee of such party and shall make the appointment as 
provided in this chapter. (98 v. 288 § 3.) 

Note: — The board of deputy supervisors is without authority 
to ignore the committee recognized by the state central committee. 
State ex rel: Hechler v. Fitzgerald et ah, 77 O. S. 641. 

Section 4809. Before entering upon his duties, each 
deputy state supervisor of elections shall appear before 
a person authorized to administer oaths and take and sub¬ 
scribe to the following oath, which shall be filed with the 
clerk of the court of common pleas in the county where 
such deputy resides: 

State of Ohio,.county, ss. 

I do solemnly swear that I will support the constitution 
of the United States and of the state of Ohio, and perform 
the duties of deputy state supervisor of elections to the 
best of my ability. 

Signed.. 

Sworn to and subscribed before me this. 

day of.., in the year. 


(Title of officer.) 

,(91 V. 120 § 7.) 

Section 4810. Any deputy state supervisor may be 
removed by the state supervisor for misfeasance or mal¬ 
feasance in office or other good and sufficient cause. In 
filling vacancies caused by removal, if no person belonging 
to the political party of the person removed can be induced 
to accept such appointment, the vacancy can be filled by 
appointment from another political party. (98 v. 288 § 3.) 

Note : — The state supervisor has no authority to remove a 
member of the board, except for misfeasance or malfeasance in 
office, or other good and sufficient cause. 

Section 4811. Within fifteen days after such appoint¬ 
ments in each year, the deputy state supervisors shall meet 
in the office of the county commissioners and organize by 
selecting one of their number as chief deputy, who shall 
preside at all meetings, and a resident elector of such 








Chap. I 


SUPERVISION OF ELECTIONS. 


39 


county, other than a member of the board, as clerk, both 
of which officers shall continue in office for one year. (R. 

S. Sec. 2966-4.) 

Section 4812. The balloting for such officer shall Selection 
commence at or before one o’clock afternoon on the day 
of convening, and at least one ballot shall be taken every 
twenty minutes until such organization is effected. The 
clerk shall be first selected by the votes of at least three 
members. If, after five ballots, no person shall be agreed 
upon as clerk, the clerk shall be selected by lot from two 
persons of opposite politics, to be nominated by the deputy 
supervisors, the two deputy supervisors of the same politics 
to name one candidate for clerk and the two deputies of 
opposite politics to name the other. (R. S. Sec. 2966-4.) 

Note: — A justice of the peace may serve as clerk of the 
board of deputy state supervisors of elections. Atty. Gen. 11-30- 
1909. 

Section 4813. After the selection of the clerk, the 
chief deputy shall be selected from deputies of opposite ^ 
politics to that of the clerk. If, upon the first ballot, no 
person shall be agreed upon as chief deputy, the deputy 
of opposite politics to the clerk, having the shortest term 
to serve, shall be chief deputy and preside at all meetings. 

When such organization is perfected, the clerk shall forth¬ 
with report it to the state supervisor. (R. S. Sec. 2966-4.) 

Section 4814. Before entering upon his duties, the Oath of clerk, 
clerk of the board of deputy state supervisors of elections 
for each county shall take and subscribe the following oath, 
which shall be filed with the clerk of the court of common 
pleas of the county where he resides: 

State of Ohio,.county, ss. 

I do solemnly swear that I will support the constitution 
of the United States and of the state of Ohio and dis¬ 
charge the duties of a clerk of the board of deputy state 

supervisors for. .,.county to the best of my ability 

and preserve all records, documents and other property 
pertaining to the conduct of elections placed in my custody. 

Signed. 

Sworn to and subscribed before me this. 

day of.in the year. 

.(Title* of ’officer.) 

(91 V. 120 § 7.) 

Section 4815. The clerk may be removed by the state Removal of 
supervisor or deputy state supervisors, for any violation clerk, 
or neglect of duty or other good and sufficient cause, and 
such vacancy shall be filled by the deputy state supervisors 
from the political party to which such outgoing clerk 
belongs. (R. S. Sec. 2966-4.) 

Section 4816. The clerk may administer oaths to cierk may 
such persons as are required by law to file certificates or 
other papers with the board, to judges and clerks of elec- 









40 


Board shall 
meet before 
each election. 


Certificates of 
nominations 
and nomina¬ 
tion papers. 


General duties 
of deputy 
state super¬ 
visors. 


Investigation 
of violations 
of election 
laws. 


SUPERVISION OF ELECTIONS. Chap. I 

tion, and to witnesses who may be called to testify before 
the board. (R. S. Sec. 2966-4.) 

Section 4817. The board of deputy state supervisors 
shall meet on the twelfth day before each election, and 
remain in session for such time as may be necessary, and 
adjourn to such day as their duties prescribed by law may 
require. (R. S. Sec. 2966-4.) 

Note : — It is the duty of the board to have a sufficient and 
proper room or office in which to transact the business of the 
board, and it is also the duty of the board to file and carefully 
keep all papers, documents and supplies filed with such board and 
necessary in the performance of his duties. For this purpose a 
proper desk and files, together with proper and necessary furniture 
for such room or office must be provided. The reasonable rent of 
such room or office, unless furnished by the commissioners at the 
Court House, together with the expense of such furniture, desk 
and files, are proper charges against the county, and should be 
paid out of the county treasury upon the order of the County 
Commissioners as other county expenses. 


Section 4818. The state supervisor and the deputy 
state supervisors shall receive and file certificates of nomi¬ 
nations and nomination papers, pass upon the validity 
thereof and certify them as provided by law. (97 v. 223 
§ 8 ) 

Section 4819. The deputy state supervisors for each 
county shall advertise and let the printing of the ballots, 
cards of instruction and other required books and papers 
to be printed by the county; receive the ballots from the 
printer, and cause them to be securely sealed up in their 
presence in packages, one for each precinct, containing 
the designated number of ballots for each precinct, and 
make the necessary indorsements thereon as provided by 
law; provide for the delivery of ballots, poll books and 
other required books and papers at the polling places in the 
several precincts; cause the polling places to be suitably 
provided with booths, guard rails and other supplies, as 
provided by law, and provide for the care and custody of 
them during the intervals between elections; receive the 
returns of elections, canvass them, make abstracts thereof, 
and transmit such abstracts to the proper officers at the 
times and in the manner provided by law, and issue cer¬ 
tificates to persons entitled to them. (97 v. 223 § 8.) 

Certificates of election may be issued after time within which 
returns must be made has expired. Atty. Gen. 12-24-1907. 

I 

Section 4820. The board of deputy state supervisors 
of each county shall investigate all irregularities or non¬ 
performance of duty by an election officer that may be 
reported to it, or that comes to its knowledge and report 
the facts to the state supervisor of elections and to the 
prosecuting attorney of the county. The state supervisor or 
the board of deputy state supervisors shall order the prose¬ 
cution of all offenses for violations of this title or any of 


Chap. 1 


SUPERVISION OF ELECTIONS. 


41 


the laws of the state relating to the conduct of elections. 

(91 V. 121 § 9a.) 

Section 4821. All proper and necessary expenses of Necessary ex- 
the board of deputy state supervisors shall be paid from 
the county treasury as other county expenses, and the ^ ° ^ ' 
county commissionres shall make the necessary levy to pro¬ 
vide therefor. In counties containing annual general reg¬ 
istration cities, such expenses shall include expenses duly 
authorized and incurred in the investigation and prosecution 
of offenses against laws relating to the registration of elec¬ 
tors, the right of suffrage and the conduct of elections. 

(R. S. Sec. 2966-4.) 

Note: — “Proper and necessary expenses of the board” ap¬ 
plies to the expenses of the board as a whole, and cannot be made 
to apply to personal expenses or mileage of the members of the 
board in their attendance upon meetings. 

The necessary expenses of the chief deputy and clerk while 
in attendance upon a meeting of the district board for the purpose 
of hearing objections arising in the course of the nomination of 
candidates of said district, may be allowed and paid as “proper 
and necessary expenses of the board,” but no additional compensa¬ 
tion can be allowed such officers in excess of the annual compen¬ 
sation otherwise authorized by law. 

There is no provision for payment of .compensation in such 
case, other than for “necessary expenses.” 

“All proper necessary expenses of such board, etc.,” does not 
include the expenses of the individual members of the board in 
traveling frorh their homes to the place of meeting of the board 
or otherwise incurred in attending such meeting. 

Expense of members of board of deputy state supervisors of 
elections may be paid only upon allowance by county commis¬ 
sioners. Atty. Gen. 8 - 19 - 1907 . 

The question of employing clerks to assist the board of elec¬ 
tions in canvassing and tabulating returns is for the deputy state 
supervisors and the county commissioners to determine. Atty. Gen. 

11 - 12 - 1908 . 

The compensation for a necessary assistant to the board of 
deputy state supervisors of elections may be allowed and paid 
as necessary expenses; but the County Auditor cannot issue his 
warrant on the treasurer to pay for such service unless the amount 
has first been allowed by the County Commissioners. State ex rel. 

V. Craig, 21 C. C. 180 . 

Section 4822. Each deputy state supervisor shall re- compensation 
ceive for his services the sum of three dollars for each JncrdTrkT 
election precinct in his respective county, and the clerk 
shall receive for his services the sum of four dollars for 
each election precinct in his respective county. The com¬ 
pensation so allowed such officers during any year shall be 
determined by the number of precincts in such county at 
the November election of the next preceding year. The 
compensation paid to each of such deputy state super¬ 
visors under this section shall in no case be less than one 
hundred dollars each year and the compensation paid to 
the clerk shall in no case be less than one hundred and 
twenty-five dollars each year. Such compensation shall be 
paid quarterly from the general revenue fund of the county 
upon vouchers of the board, made and certified by the chief 
deputy and the clerk thereof. Upon presentation of any 


42 


SUPERVISION OP elections. 


Chap. 1 


Collation and 
publication of 
election laws. 


such voucher, the county auditor shall issue his warrant 
upon the county treasurer for the amount thereof, and 
the treasurer shall pay it. (R. S. Sec. 2966-4.) 

Note: — The compensation provided by this section is a yearly 
compensation including special as well as general elections. Atty. 
Gen. 11-12-1908. 

If the number of precincts is increased at the November 
election in any year, such increased number of precincts shall not 
be regarded an fixing the compensation of the deputy supervisors 
for that official year, but the whole number of precincts, including 
such increase, shall be the basis for their compensation for the 
next succeeding official year. Atty. Gen. 1-21-1910. 

Section 4823. The secretary of state shall collate and 
publish from time to time all the election laws in force, 
applicable to the conduct of elections. A sufficient number 
of copies of such election laws shall be printed, bound in 
paper and distributed in proportion to the number of 
voting precincts in each county. Such distribution shall be 
made in each county by the deputy state supervisors thereof. 
(97 V. 222 § 5.) 


CHAPTER 2. 

TIME AND NOTICE OF ELECTIONS. 


ELECTIONS IN EVEN NUMBERED 
YEARS. 

Srction 

4824. Electors of president and vice presi¬ 

dent. 

4825. Sheriff^ shall issue proclamation of 

election. 

4826. Time of holding elections for elective 

state and county offices; vote for 

judge void, when. 

4827. Sheriff shall issue proclamation of 

election. 

4828. Time of congresional elections. 

4828-2. Election of U. S. senators by the 

electors of the state; notice of 
election. 

4828-3. Vacancy in representation in U. S. 
senate; special election. 

4829. Vacancy in office of congressman of 

member of general assembly. 

4830. Fees of sheriff. 


ELECTIONS IN ODD NUMBERED 
YEARS. 

Section 

4831. Township officers and justices of the 

peace. 

4832. Notice of township election. 

4833. How notice servea. 

4834. Notice of elections in precincts. 

4835. Judges of superior court of Cincinnati. 

4836. Election of municipal officer^. 

4837. Ma^or shall issue proclamation of elec¬ 

tion. 

4838. Election of members of the board of 

education. 

4839. Notice of school elections. 
PROVISIONS APPLICABLE EACH YEAR. 

4840. Submission of question when special 

election not provided for. 

4841. Proclamation as to sale of liquors on 

election day. 


ELECTIONS IN EVEN NUMBERED YEARS. 

Section 4824. On the first Tuesday after the first Electors of 
Monday in November in the year IQ12, and every four president and 
years thereafter, the qualified electors shall elect a number 
of electors of president and yice president of the United 
States equal to the number of senators and representatives 
this state may be entitled to in the congress of the United 
States. No senator or representatives in congress or other 
person holding an office of trust or profit under the United 
States or any law thereof shall be eligible as elector of 
president or vice president. (R. S. Sec. 2968.) 

Section 4825. At least fifteen days before the time sheriff shall 
for holding the election provided for in the preceding sec- IfoToreRc"’^ 
tion, the sheriff shall give public notice by proclamation tion. 
through his county of the time and place of holding such 
election and the number of electors to be chosen. A copy of 
such proclamation shall be posted at each of the places 
where elections are appointed to be held and inserted in a 
newspaper published in the county. (R. S. Sec. 2967.) 

Section 4826. All general elections for elective state Time of hoki- 
aiid county offices and for the office of judge of the court of ekctiv?^ 
appeals shall be held on the first Tuesday after the first state and 
Monday of November in the even numbered years. All offices, 

votes for any judge for an elective office except a judicial when*^^^ 
office, under the authority of this state, given by the general 
assembly, or by the people, shall be void. (103 v. 23.) 

Section 4827. At least fifteen days before the hold- Sheriff shall 
ing of any such general election, the sheriff of each county ml’Jfon 
shall give notice by proclamation throughout his county of election, 
the time and place of holding such election and the officers 
at that time to be chosen. One copy of the proclamation 
shall be posted at each place where elections arc appointed 

43 



44 


Time of con¬ 
gressional 
elections. 


Election of 
United States 
Senators 
by the elec¬ 
tors of the 
state. Notice 
of election. 


Vacancy in 
representation 
in the U. S. 
senate, how 
filled. Special 
election. 


TIME AND NOTICE OF ELECTIONS. Chap. 2 

to be held, and such proclamation shall also be inserted in 
a newspaper published in the county. (R. S. Sec. 2977.) 

Note: — The sheriflF is not required to make proclamation of 
election for township and municipal officers. Atty. Gen. 9-25-1907. 

Notice of the submission of any question to be voted upon 
should be embodied in the proclamation. See Sec. 4840 G. _C. 

Though the neglect of a Sheriff by proclamation, to give notice 
of an election may be competent evidence, in connection with other 
circumstances, to prove fraud,, or conspiracy on the ground of 
which an election is contested, such neglect is not conclusive of 
the invalidity of an election. 

State ex rel. Attorney General v. Taylor, 15 O. S. 137. 

A proceeding in mandamus to compel the Sheriff to give notice 
and make proclamation to the qualified voters of a county to 
elect a judge of the court of common pleas therein is properly 
instituted upon the relation of an elector of such county. 

State V. Brown, 38 O. S. 344. 

As to the Sheriff’s proclamation, see further Foster v. Scarff, 
15 O. S. 532. 

.Section 4828. Biennially, on the first Tuesday after 
the first Monday in November in the even-numbered years, 
the electors of each congressional district shall vote for a 
representative in the congress of the United States for the 
term commencing on the fourth day of March next there¬ 
after. (R. S. Sec. 2979.) 

Note : — Section 4828-1 provides for the apportionment of con¬ 
gressional districts for Ohio under the thirteenth census of the 
United States (106 v. 474). 

Sec. 4828-2. On, the first Tuesday after the first 
Monday in November, 1914, and every sixth year there¬ 
after, and on the first Tuesday after the first Monday in 
November, 1916, and every sixth year thereafter, the elec¬ 
tors of the state shall vote for a member of the senate of 
the United States, each for the term commencing on the 4th 
day of March next succeeding his election. Notice of such 
elections shall be given by the proper sheriflfs of the several 
counties of the state at the same time and in the same man¬ 
ner as is provided for in section 4827 for the election of 
state officers. (104 v. 8.) 

Sec. 4828-3. When by death, resignation or otherwise, 
a vacancy occurs in the representation of this state in the 
senate of the United States, the same shall be filled forth¬ 
with by appointment by the governor who shall have power 
to appoint to fill such vacancy some suitable person having 
the necessary qualifications for senator, which appointee 
shall hold office until the fifteenth day of December next 
succeeding the next election of state officers which occurs 
more than one hundred and eighty days after such vacancy 
happens. At such next election of state officers a special 
election to fill such vacancy in the office of United States 
senator shall be held, which special election shall be gov¬ 
erned in all respects by the laws of this state controlling 
regular elections for such office. Candidates to be voted for 


Chap. 2 


TIME AND NOTICE OF ELECTIONS. 


45 


at such special election shall be nominated in the same man¬ 
ner as is provided for the nomination of candidates at 
regular elections. At least one hundred and eighty day? 
prior to the date of such election of state officers the gov¬ 
ernor shall issue a writ, directing that a special election be 
held to fill such vacancy as herein provided. Such writ 
shall be directed to the state supervisor of eelctions and a 
copy thereof sent by mail to the sheriff of each county in the 
state who shall give notice of the time and place of holding 
such special election in the same manner and at the same 
lime provided in section 4827 for giving similar notice for 
regular elections. (104 v. 8.) 

Section 4829. When a vacancy in the office of rep¬ 
resentative to congress or senator or representative to the 
general assembly occurs, the governor, upon satisfactory 
information thereof, shall issue a writ of election, directing 
that a special election be held to fill such vacancy in the 
territory entitled to fill it on a day specified in the writ. 
Such writ shall be directed to the sheriff or sheriffs, within 
such territory who shall give notice of the time and places 
of holding such election as in other cases. Such election 
shall be held and conducted and returns thereof made as 
in case of a regular election. (R. S. Sec. 2988. ) 

Section 4830. For services performed under this title 
the sheriff shall receive the following fees: From the county 
treasury to be credited to his fee fund: For advertising 
the election, twenty-five cents for each election precinct but 
not less than fifty cents for each township in the county. 
Mileage at the rate of eight cents a mile for the distance 
actually traveled. (102 v. 287.) 

election in odd numbered years. 

Section 4831. Township officers and justices of the 
peace shall be chosen by the electors of each township on 
the first Tuesday after the first Monday in November in 
the odd numbered years. (R. S. Sec. 1442.) 

Note: — The electors of an incorporated village located within 
a township, are entitled to participate in the election of township 
officers, and such officers may or may not be residents of the 
municipality. Atty. Gen. 12-30-1909. See also Halsey et al. v. 
Ward, 17 O. S. 543. 

Section 4832. At least twenty days before the reg¬ 
ular election for township officers, the township trustees 
shall issue their warrant to a constable of the township, 
directing him to notify the electors of the township to 
assemble at the time and place appointed for the regular 
election. The warrant shall enumerate the officers to be 
chosen at the election. On application of two or more 
freeholders of the township for that purpose, the trustees 
shall insert in the warrant such other question, if any, 
as may be proposed to be submitted at such deletion. (R. S. 
Sec. 1445.) 

Note: — An election will not be declared void because the 
notice required by statute was not giyen for the full length of 


Writ issued 
by governor 
directing 
special elec¬ 
tion to 
state super¬ 
visor of 
elections. 
Copy to 
sheriffs. 


Vacancy in 
office of con¬ 
gressman or 
member of 
general as¬ 
sembly. 


Fees of 
sheriff. 


Township 
officers and 
justices of 
the peace. 


Notice of 

township 

election. 


46 


How notice 
served. 


Notice of 
elections in 
precincts. 


Judges of 
superior court 
of Cincinnati. 


Election of 

municipal 

officers. 


Mayor shall 
issue procla¬ 
mation of 
election. 


Election of 
members of 
the board of 
education. 


Notice of 
school elec¬ 
tions. 


TIME AND NOTICE OF ELECTIONS. Chap. 2 

time specified, when it appears that the great body of electors had 
actual notice of and participated in the election. 

Harpster v. Brower, et al., 5 C. C. 395. 

See Sec. 4840 G. C. • 

Section 4833. The constable who receives such war¬ 
rant shall notify the electors of the township by posting 
copies of the warrant in at least three public places in the 
township at least ten days before the meeting of the elec¬ 
tors. If the office of one or more of the trustees is vacant, 
the township clerk, together with the trustee or trustees in 
office, shall issue such warrant. (R. S. Sec. 1446.) 

Section 4834. In townships which have been divided, 
the trustees shall give fifteen days’ notice of the time and 
place of holding elections in the precincts of such townships 
by posting written or printed notices in such number of 
places as to them seem proper for the general information 
of the electors of the several precincts. (R. S. Sec. 

1392.) 

Section 4835. The judges of the superior court of 
Cincinnati'shall be elected by the electors of the city of 
Cincinnati on the first Tuesday after the first Monday of 
November of each odd-numbered year preceding that in 
which the term of any such judge expires. R. S. Sec. 

483.) 

Section 4836. All elective municipal officers and 
judges and clerks of police courts and assessors in munici¬ 
palities shall be chosen on the first Tuesday after the first 
Monday in November in the odd-numbered years. (98 
V. 172 ’§ 222.). 

Section 4837. Previous to any election for municipal 
officers, the mayor shall issue a proclamation to the electors 
of the corporation or of the respective wards or districts 
thereof, as the case may require, setting forth the time and 
places of election and the officers to be chosen, and cause 
such proclamation to be published in a newspaper printed 
in the corporation at least ten days previous to the election. 
If no such newspaper is published in the corporation, such 
notice may be given by posters. (R. S. Sec. 1726.) 

Note : — See Sec. 4840 G. C. 

Section 4838. All elections for members of boards 
of education shall be held on the first Tuesday after the 
first Monday in November in the odd-numbered years. (97 
V. 40 § 2.) 

Section 4839. The clerk of each board of education 
shall publish a notice of all school elections in a newspaper 
of general circulation in the district or post written or 
printed notices thereof in five public places in the district 
at least ten days before the holding of such election. Such 
notices shall specify the time and place of the election, the 
number of members of the board of education to be elected, 
and the term for which they are to be elected, or the nature 
of the question to be voted upon. (97 v. 354 § 2.) 


Chap. 2 


TIME AND NOTICE OF ELECTIONS. 


47 


PROVISIONS APPLICABLE EACH YEAR. 

Section 4840. Unless a statute providing for the sub¬ 
mission of a ciuestion to the voters of a county, township, 
city or village provides for the calling of a special election 
for that purpose, no special election shall be so called. 
The question so to be voted upon shall be submitted at a 
regular election in such county, township, city or village, 
and notice that such question is to be voted upon shall be 
embodied in the proclamation for such election. (90 v. 

130 § 2.) 

Note: — Where a question is submitted to the voters of a 
township or other subdivision, such as the question of the issue 
of a tax levy, such question should be printed upon a separate 
ballot and deposited in a separate ballot box presided over by 
the regular judges and clerks of election. See Sec. 5020 G. C. 

Where an act providing for the submission of the question 
of issuing bonds for a county soldiers’ and sailors’ memorial to a 
vote of the electors of the county, makes no provision for a special 
election and no provision as to the manner of submitting such 
question, but merely directs that it be submitted to the “popular 
vote at the next regular county election,” the submission of such 
question at the next general state and county election is not a 
separate election, but is the submission of a question at the general 
election as provided by Secs. 2996-2 and 2966-32 Rev. Stat., and 
the deputy state supervisors of elections are not entitled to any 
additional compensation for so submitting such question. 

State ex rel. v. Jones, 14 O. D. 109 . 

A special election may be held upon the date of a primary 
election and by the same judges and clerks. Atty. Gen. 4 - 25 - 10 . 

Section 4841. Three days previous to and on the 
day of any election, the mayor shall issue a proclamation 
to the public setting forth therein the substance of the 
enactment to prohibit the sale of intoxicating liquors upon 
that day, and he shall take proper measures for the en¬ 
forcement of such enactments. (R. S. Sec. 1838.) 

Note: — On any day on which an election is held under the 
general election laws saloons must be closed within the district or 
political subdivisions for which such election is held. Atty. Gen. 
12 - 7 - 1908 . 

The mayor should publish his proclamation respecting the 
closing of saloons on the day of holding the primary election. 
Atty. Gen. 8 - 31 - 1909 . 


Submission of 
question when 
special elec¬ 
tion not pro¬ 
vided for. 


Proclamation 
as to sale of 
liquors on 
election day. 


CHAPTER 3. 


ELECTION 

Section 

4842. Township precincts. 

4843. Municipal precincts. 

4844. Where elections for precincts held. 

4845. Precincts with four hundred votes or 

more may be divided. 

484C. When township precinct with less 
number of votes may be divided. 

4847. Precincts may be rearranged or com¬ 

bined. 

4848. Exceptions. 

4849. Hearing in case of division or change 

of precincts. 

4849-1. State or national home a separate 
election precinct. 

4849 2. Subdividing and rearranging precincts. 
4849-3. Fixing places for holding elections and 
furnishing equipment. 

4849-4. How expenses shall be paid. 


PRECINCTS. 


Section 

4849-5.' Laws governing elections. 

4850. What preceding section shall not affect. 

4851. Precincts in registration cities. 

4852. Ballot boxes and custody thereof. 


PRECINCT OFFICERS. 

4853. Appointment of judges and clerks; pre¬ 

siding judge. 

4854. Terms of judges and clerks; vacancies. 

4855. Oath of judges qnd clerks. 

4856. What officers may administer oaths to 

judges and clerks. 

4857. Appointments for unexpired terms. 

4858. Judges and clerks may be removed. 

4859. General duties of judges and clerks. 

4860. Compensation. 


Township 

precincts. 


Municipal 

precincts. 


Where elec¬ 
tions for pre¬ 
cincts held. 


Preci- cts with 
four hundred 
votes or more 
mav ’ e di¬ 
vided. 


Section 4842. Each township, exclusive of the terri¬ 
tory embraced within the limits of a municipal corporation, 
shall compose an election precinct, unless such township 
is divided according to law into precincts. (R. S. Sec. 
2923.) 

Section 4843. Each municipal corporation, contain¬ 
ing fifty or more voters, shall compose an election precinct, 
unless such corporation is divided according to law into 
precincts. If a municipal corporation is situated in two or 
more townships or counties, the territory of such corpora¬ 
tion situated in each township or county, together with 
such territory as may be attached thereto for voting pur¬ 
poses, shall constitute at least one eletcion precinct, if 
there are fifty or more voters therein. Territory annexed 
to a village for school purposes may be included within a 
village precinct, if the deputy state supervisors are of the 
opinion it is practicable and most convenient to the voters. 
Each ward of a city shall compose one election precinct, 
unless it is divided according to law into precincts. (R. S. 
Sec. 2923, 2966-15.) 

Section 4844. Elections shall be held for each town¬ 
ship precinct at such place within the township as the trus¬ 
tees thereof shall determine to be most convenient of access 
for the voters of the precinct. Elections shall be held for 
each municipal or ward precinct at such place as the council 
of the corporation shall designate. In registration cities, 
the deputy state supervisors shall designate the places of 
holding elections in each precinct. (R. S. Sec. 2923.) 

Section 4845. When four hundred votes or more 
have been cast at the last preceding November election in 
a municipality where registration is not required or in any 
v^ard or precinct thereof, and when such number of votes 
have been cast at such election in a township or precinct 

48 



Chap. 3 


ELECTION PRECINCTS.' 


49 


thereof, such municipality, township, ward or precinct may, 
or when a majority of the voters petition therefor shall, 
be divided by the deputy state supervisors, as hereinafter 
provided, into two or more election precincts, so as to limit 
the number of voters in each ward or precinct to two hun¬ 
dred, as nearly as may be practicable. (R. S. Sec. 2966-15.) 

Section 4846. A township wherein less than four 
hundred votes were cast at the last preceding November 
eletcion may be divided into two election precincts, as here¬ 
inafter provided, if a majority of the voters therein petition 
therefor and the deputy state supervisors are of the opinion 
that such division is necessary. (R. S. Sec. 2966-15.) 

Section 4847. From time to time any or all of such 
precincts may be re-arranged, subdivided or combined as 
often as may be deemed necessary or the convenience of 
electors and the prompt and correct conduct of elections 
may require. (R. S. Sec. 2966-15.) 

Section 4848. No precinct so created shall contain 
less than one hundred and fifty voters, except a township 
precinct may contain seventy-five voters, and a municipality, 
or the part thereof in each township, containing fifty or 
more voters shall compose at least one,voting precinct, as 
hereinbefore provided. (R. S. Sec. 2966-15.) 

Section 4849. At least thirty days previous to any 
election, the deputy state supervisors shall give ten days’ 
notice by publication in two papers of opposite politics pub¬ 
lished in the county that the question whether the township, 
ward, or precinct shall be divided, changed or combined 
will be considered on a day named in the notice. On such 
day or some subsequent day to which the matter may be 
adjourned, the question of dividing, changing or combining 
such precinct shall be heard. If there are no remonstrances 
against such division, change or combination, the deputy 
state supervisor shall declare in favor thereof and desig¬ 
nate the precincts so established. If twelve electors of such 
precinct remonstrate against such division, change or com¬ 
bination, the matter shall be heard and determined, and 
such order made for or against such division, change or 
combination, as is deemed proper. (R. S. Sec. 2966-15.) 

Section 4849-1. That in any township or townships 
wherein is located, or may hereafter be located, a state or 
a national home for disabled volunteer soldiers, the lands 
owned and used for said institution shall be and constitute 
a separate election precinct. (106 v. 450.) 

Section 4849-2. The deputy state supervisors or the 
deputy state supervisors and inspectors of elections, as the 
case may be, of the county wherein said institution is, or 
may be, located, may subdivide said precinct, or re-arrange 
or combine the sub-division of said precinct, as often as may 
be deemed necessary for the convenience of electors and 
the prompt and correct conduct of elections may require, in 
the manner provided by law for other township precincts. 
The provisions of section 5175-26, of the General Code, 
as amended April 16, 1913, (O. L. 104) insofar as they re- 

4 E. E. 


When town¬ 
ship precinct 
with less 
number of 
votes may¬ 
be divided 


Precincts may 
be arranged 
or combined. 


Exceptions. 


Hearing in 
case of di¬ 
vision or 
change of 
precincts. 


State or na¬ 
tional home a 
separate elec¬ 
tion precinct. 


Subdividing 
and rearranging 
precincts. 


Hauling in¬ 
mates to polls 
not corrupt 
practice. 


50 


Fixing places 
for holding 
elections and 
furnishing 
equipment. 


How expenses 
shall be paid. 


Laws govern¬ 
ing elections. 


What preced¬ 
ing section 
shall not 
affect. 


Precincts in 
re^stration 
cities. 


Ballot boxes 
and custody 
thereof. 


ELECTION PRECINCTS. Chap. 3 

late to the hauling of persons to the polls, shall not apply 
to inmates of soldiers’ homes. (io6 v. 450.) 

Section 4849-3. The said deputy state supervisors or 
supervisors and inspectors, as the case may be, shall fix tlie 
places of holding all elections in said precincts, provided 
that the polling places shall be located outside the grounds 
of said institution, and within one hundred feet thereof; 
shall appoint judges and clerks of election, provide and 
preserve suitable booths, ballot boxes, and equipment in the 
manner they are authorized to do in registration cities; and 
do and perform the duties required by law of township 
trustees insofar as the holding of elections in said precincts 
is concerned. (106 v. 450.) 

Section 4859-4. The expenses of all elections held in 
said precincts, including election officers, booths, ballot- 
boxes, equipment and supplies, shall be paid by the county 
commissioners, as other county election expenses are paid; 
and said expenses shall not be a charge upon the township 
as provided in sections 4991 and 5053 of the General Code. 

Section 4849-5. Except as herein provided the elec¬ 
tions in said precincts shall be governed by the same laws 
as relate to elections in townships. (106 v. 450.) 

Section 4850. Nothing in the preceding sections shall 
affect the powers or duties of boards/of deputy state super¬ 
visors in reference to the division of election precincts 
within registration cities. The division of any election pre¬ 
cinct into two or more subdivisions, as hereinbefore pro¬ 
vided, shall not require the election of an assessor in each 
such subdivision, but in all such election precinct sub¬ 
divisions there shall be elected one. assessor for each orig¬ 
inal precinct unless such supervisors at the time of the 
division shall order that an assessor be elected in each pre¬ 
cinct. (R. S. Sec. 2966-15.) 

Section 4851. In cities in which registration is re¬ 
quired by law, when five hundred votes or more have been 
cast at the last preceding election in any ward or in any 
precinct in any ward, such ward or election precinct shall 
be divided by the board of deputy state supervisors of the 
county into two or more election precincts so as to limit 
the number of votes in each ward or precinct to two hun¬ 
dred fifty as nearly as may be practicable. From time to 
time thereafter, such board shall re-arrange, subdivide or 
combine precincts as often as it may deem such action 
necessary* to secure the convenience of electors and the 
prompt and correct conduct of elections. But no precinct 
so created shall contain less than two hundred voters. 
(R. S. Sec. 2926.) 

Section 4852. The deputy state supervisors of each 
county shall cause to be provided at the expense of the 
county a ballot box for each election precinct therein, and 
cause it to be deposited with the proper township or village 
clerk or city auditor. Each such officer shall cause a ballot 
box with a copy of this title to be delivered at each place 
of holding elections in his township or corporation as 



Chap. 3 


ELECTION PRECINCTS. 


often as elections are held therein. After such election, 
such ballot box shall be forthwith returned to him by the 
judges of election for safekeeping. In registration cities, 
the care of the ballot boxes to be used at any election 
shall devolve upon the board of deputy state supervisors. 
(R. S. Sec. 2928.) 


PRECINCT OFFICERS. 

Section 4853. At least ten days before any general Api>ointment 
election, the deputy state supervisors of each county shall and’^cIfrL- 
appoint for each precinct in which the voters are not reg- presiding 
islered four judges and two clerks of elections, residents 
of the precinct, who shall constitute the election officers 
of such precinct. The deputy state supervisors shall desig¬ 
nate one judge in each precinct to act as presiding judge, 
who shall be selected from the dominant party in the pre¬ 
cinct, as determined by the next preceding November elec¬ 
tion. (97 V. 222 § 6 .) 

“DOMINANT PARTY” —DEFINED. 

Note : — 

Hon. Carmi A. Thompson, Secretary of State, Columbus, Ohio. 

Dear Sir : — I beg to acknowledge receipt of your letter of 
September 16 th, in which you request my opinion upon a question 
presented by Mr. Harry M. Loth, member of the board of state * . 

supervisors of elections for Auglaize county. Mr. Loth’s question 
is as follows: 

“What is the meaning of the phrase ‘dominant party,’ 
as employed in section 2966-6 Revised Statutes, in describing 
the qualifications of the presiding judge in each precinct, and 
how is such definition to be applied in making appointments 
for the election in November, 1909 , the last general election 
having been a presidential one?” 

Section 2966-6 Revised Statutes is section 6 of the supervisory 
election law so-called, 97 O. L. 218 .. The pertinent provision 
thereof is as follows: 

“The deputy supervisors shall designate one judge in 
each precinct who shall be selected from the dominant party 
in such precinct, as determined by the next preceding Novem¬ 
ber election, to act as presiding judge.” 

This section is in pari materia with section 2966 - 3 , being 
section 3 of the same act, which provides for the appointment of 
the deputy state supervisors of elections. Among other provisions 
therein are the following: 

“One member (of the board of deputy state supervisors 
of elections) so appointed * * * shall be from the 
political party which cast the highest number of votes at the 
last preceding November election for governor or secretary 
of state * * *.” 

“Appointments shall be made from two political parties 
which cast the highest and next highest number of votes at 
the last preceding November election for governor or secretary 
of state.” 

The phrase “dominant party” being nowhere specifically de¬ 
fined, it is my opinion that it should be construed in the light of 
the clauses last above quoted, and that in ascertaining such 
“dominant party” in a given precinct for the election in November, 

J 909 , the deputy state supervisors should be guided by the vote cast 


52 


ELECTION PRECINCTS. 


Chap. 3 


Terms of 
judges and 
clerks; va¬ 
cancies. 


Oath of 
judges and 
clerks. 


for'governor in 1908 . That cast for secretary of state _ may be 
disregarded, as the law was evidently framed to fit conditions as 
they were when there were annual elections for state officers, and 
the candidates for governor and secretary of state appeared alter¬ 
nately at the head of each ticket. 

Yours very truly, 

U. G. Denman, 
Attorney General. 

That part of section 2966-6 Revised Statutes above referred 
to was enacted into section 4853 of the General Code, and that 
part of section 2966-3 of the same act was enacted into section 4804 
of the General Code. 

Following the above opinion of U. G. Denman, Attorney 
General, the ruling of the State Supervisor of Elections is that_ in 
ascertaining the dominant party in a given precinct for the election 
in November, 1911 , the deputy state supervisors should be guided 
by the vote cast for Governor in 1910 . 

Judges and clerks of elections should be selected from 
“political parties,” within the meaning of this section. The board 
may in its descretion appoint a judge or clerk from a political 
party other than the two political parties which cast the highest 
and next highest number of votes in the precincts at the next 
preceding November election. 

A member of a board of deputy state supervisors is not 
eligible to serve as a judge or clerk of elections or registrar of a 
precinct within the jurisdiction of such board. 

There must be four judges and two clerks of elections in each 
township precinct, who must be divided numerically among the 
political parties, but if a sufficient number do not reside in the 
precinct ,they may be selected from other precincts. Atty. Gen. 
10 - 20 - 1908 . 

This section does not authorize the employment of more than 
two clerks of election in each voting booth. Atty. Gen. 10 - 25 - 1909 . 

In the absence of statutory direction as to the manner of 
notice, the custom of mailing to each judge and clerk his certificate 
of appointment should govern. It is doubtful whether the deputy 
supervisors may incur unusual expense for this purpose. Atty. 
Gen. 1 - 21 - 1910 . 

Section 4854. The terms of. the judges and clerks 
shall terminate at the end of one year from the date of 
their appointment, at which time their successors shall be 
appointed to similar terms of office as herein provided. 
Not more than two judges and not more than one clerk 
shall belong to the same political party. If a judge or clerk 
in a precinct fails to appear on the morning of election, 
the electors present shall viva voce choose a suitable person, 
having the qualifications of an elector, to fill the vacancy, 
who shall be from the political party to which the absent 
judge or clerk belongs. (97 v. 222 § 6.) 

Note: — The terms of judges and clerks cannot extend beyond, 
nor can such officers hold over beyond a year from their appoint¬ 
ment. 

Section 4855. The judges and clerks of election shall 
each take and subscribe to the following oafh, which, upon 
request of the person appointed, shall be administered with¬ 
out compensation by a person authorized to administer 
oaths and which shall be filed with the clerk of the board 
of deputy state supervisors: 


Chap. 3 


ELECTION PRECINCTS. 


53 


State of Ohio,.... ..county, ss. 

I do solemnly swear that I will support the constitution 
of the United States and of the state of Ohio, and to the 

best of my ability discharge the'duties of judge. 

• • • • ..clerk.. of the elec¬ 
tion in and for precinct . town¬ 
ship, ..county, at the next ensuing elec¬ 

tion, and I further swear that if, in the discharge of my 
official duties, I gain knowledge as to how any elector voted 
at such election, I will not disclose it. 

Signed .. 

Sworn to and subscribed before me this. 

day of., in the year .... 

(91 V. 120 § 7.) (Title of officer.) 

Section 4856. The judges and clerks of elections 
may be sworn by the clerk of the board or a member 
thereof, and the presiding judge may administer the oath 
to the other election officers of his ward, township or pre¬ 
cinct. (97 V. 222 § 6. 

Section 4857. When new precincts have been created 
or vacancies exist, the deputy state supervisors, at least ten 
days before any regular election, shall appoint judges and 
clerks of elections for such precinct, ‘ who shall serve for 
the unexpired terms. (97 v. 222 § 6.) 

Section 4858. The judges and clerks of election ap¬ 
pointed as provided in this chapter may be summarily re¬ 
moved from office at any time by the board of deputy state 
supervisors for neglect of duty, malfeasance or misconduct 
therein, and in all cases the last appointment to either of 
such offices for a precinct shall be recognized as valid. 
When any such officers have been removed and new ap¬ 
pointments made, the board of deputy state supervisors 
shall immediately send notice thereof to the board of pre¬ 
cinct officers. (97 V. 222 § 6.) 

Section 4859. The judges and clerks of elections, 
provided for herein, shall serve as such in all elections 
held under the provisions of this title. They shall perform 
all the duties and be subject to all the penalties imposed 
by law upon judges and clerks of elections. (97 v. 223 
§ 8 .) 

Section 486o.Such judges and clerks shall each re¬ 
ceive as compensation for their services the sum of three 
dollars, which services shall be the receiving, recording, 
canvassing and making returns of all the votes that may be 
delivered to them in the voting precinct in which they pre¬ 
side on each election day. In any county containing a 
city having a population of three hundred thousand or more 
by the last preceding federal census, the compensation of 
such judges and clerks for such services shall be five dol¬ 
lars. In cities where registration is required, the com¬ 
pensation of judges and clerks shall be as otherwise pro¬ 
vided by law. (97 V. 222 § 6.) 

Note: — Compensation of judges and clerks of elections need 
not be allowed for by county commissioners. Atty. Gen. 8-19-1907. 


What officers 
may adminis¬ 
ter oaths to 
judges and 
clerks. 


Appointments 
for unexpired 
terms. 


Judges and 
clerks may 
be removed. 


General duties 
of judges and 
clerks. 


Compensation. 












CHAPTER 4 . 


QUALIFICATIONS OF ELECTORS. 


Section 

4861. Qualifications of electors. 

4862. When women may vote. 

4863. Residence in state, county, township 

and municipality. 

4864. Exception as to head of a family. 

4865. Residence required to vote at munici¬ 

pal elections. 


Section . , . 

4866. Rules to govern judges in determining 

residence. 

4867. Where inmates of soldiers’ home may 

vote. 

4868. Residence of inmates of city infirmaries. 

4869. Municipal lodging house. 


Qualifications 
of elector. 


Sect.ton 4861. Everyp male citizen of the United 
States, who is of the age of twenty-one years or over, and 
possesses the qualifications in regard to residence herein¬ 
after provided, shall be entieled to vote at all elections. 
fCon. Art. V. § i.) 


When women .SECTION 4862. Every woiuan born in the United States 

may vote. qj- jg wife or daughter of a citizen of the United 

States, who is over twenty-one years of age and possesses 
the necessary qualification in regard to residence hereinafter 
provided for men shall be entitled to vote and to be voted 
for for member of the board of education and upon no other 
question. (97 v. 354 § 3.) 


Residence in 
etate, county, 
township 
and munici¬ 
pality. 


Section 4863. No person shall be permitted to vote at 
any election unless he shall have been a resident of the 
state for one year, resident of the county for thirty days, 
and, except as provided in the next section, resident of the 
township, village or ward of a city or village for twenty 
days next preceding the election at which he offers to vote. 
(R. S. Sec. 2945.) 


Exception as SECTION 4864. A pcrsoii who is the head of a family 

fam'ify^ ^ resided in the state and in the county in which 

such township, village or ward of a city or village is situated 
the length of time required by the preceding section, and 
who bona fide removes with his family from a ward to an¬ 
other ward in such city or village, or from a ward of such 
city or village to a township or village in the same county, or 
from a township or village to a ward of a city or village 
in the same county, or from one township to another in 
the same county, shall have the right to vote in such town¬ 
ship, village or ward of a city or village without having re¬ 
sided therein the length of time so prescribed by such sec¬ 
tion. (R. S. Sec. 2945.) 


Note: — Where territory is transferred from one township to 
another liy an unconstitutional statute, electors, in such territory 
are not thereby made le^al voters of the township to which it is 
sought to attach the territory. State, ex rel. Bambach v. Markley, 
!) O. C. C. (N. S.) 562. 


54 




Chap. 4 Qualifications of electors. 


55 


Section 4865. Such voter so removing with his family Residence re- 
from a township to a village or. ward of a city or village ^“‘munidpai^^ 
in the same county shall not have the right to vote at any elections, 
municipal election held in sucli city or village, unless he 
shall have resided therein twenty days prior to such muni¬ 
cipal election. (R. S. -Sec. 2945.) 


Section 4866 . All judges of election, in determining Rules to goy- 
the residence of a person offering to vote, shall be governed determ?nfng‘" 
by the following rules, so far as they may be applicable: residence. 

1. That place shall be considered the residence of a 
person in which his habitation is fixed, and to which ,when- 
ever he is absent, he has the intention of returning. 

2. A person shall not be considered to have lost his 
residence who leaves his home, and goes into another state, 
or county of this state, for temporary purposes merely, 
with the intention of returning. 

3. A person shall not be considered to have gained 
a residence in any county of this state, intd which he comes 
for temporary purposes merely, without the intention of 
making such county his home. 

4 . The place where the family of a married man re¬ 
sides shall be considered and held to be his place of resi¬ 
dence, except where the husband and wife have separated 
and live apart, then the place where they resided at the 
time of the separation shall be considered and held to be 
his place of residence, unless he afterward, and during 
the time of such separation, remove from such place, in 
which case the county, township, city or village in which 
he resides the length of time required by the provisions of 
this chapter to entitle a person to vote, shall be considered 
and held to be his place of residence. 

5. _ If a person remove to another state with an in¬ 
tention to make it his permanent residence, he shall be 
considered to have lost his residence in this state. 


6. If a person remove to another state, with an in¬ 
tention of remaining there an indefinite time, and as a 
place of present residence, he shall be considered to have 
lost his residence in this state, notwithstanding he may 
entertain an intention to return at some future period. 

7. The mere intention to acquire a new residence, 
without the fact of removal, shall avail nothing; neither 
shall the fact of removal without the intention. 

8. If a person go into another state, and while there 
exercise the right of a citizen by voting, he shall be con¬ 
sidered to have lost his residence in this state. 

9. All questions of the right to vote shall be heard 
and determined by the judges of election. (R. S. Sec. 
2946.) 


Note: — The question of qualification of a voter must be 
decided by the judges of election, at the time he presents himself 
to vote, and their decision must be governed by the instructions 
prepared and furnished by the Secretary of State under Sec. 5047. 


56 


qualifications of electors. 


Chap. 4 


Where inmates 
of soldiers’ 
home may 
vote. 


Residence of 
inmates of 
city in¬ 
firmaries. 


Municipal 
lodging house 
not a 
residence. 


A resident of the District of Columbia or other federal terri¬ 
tory, while engaged in the government service, may elect a place 
of residence for voting purposes elsewhere. But he must have a 
clear intention of returning to such voting residence as soon as his 
temporary employment in the service of the government has ended. 

Note: — The vote of a man otherwise qualified, who is not 
a lunatic or idiot, but whose faculties are greatly enfeebled by age, 
ought not to be rejected. 

Sinks V. Reese, 19 O. S. 307. 

Section 4867. Disabled soldiers who are inmates of a 
national asylum for disabled volunteer soldiers who are 
citizens of the United States and have resided in this state 
one year next preceding the election and are otherwise 
qualified as to age and residence within the county and 
township shall have their lawful residence in the county 
and township in which such asylum is located. (R. S. Sec. 

2947-) 

Section 4868. The legal residence of a qualified elec¬ 
tor who may be an inmate of an infirmary owned or main¬ 
tained by a city shall be the ward or precinct of such city 
where such inmate was so domiciled or resident at the 
time of his admission to such infirmary and shall so con¬ 
tinue during the time he may be an inmate thereof. (87 
V. 316 § I.) 

Section 4869. A municipal lodging house shall not 
constitute the legal residence of any person so as to qualify 
him as an elector in such municipality. (100 v. 53 § 7v.) 



CHAPTER 5. 

REGISTRATION OF ELECTORS. 


Section 

4870. Registration in cities having a popula¬ 

tion of eleven thousand eight hun¬ 
dred or more. 

4871. Annual general registration cities. 

4872. Quadrennial general registration cities. 

4873. Office of board of deputy state super¬ 

visors. 

4874. General powers and duties of the board. 

4875. Rules and regulations. 

4876. Duties of the clerk. 

4877. Deputy clerk and assistants. 

4878. Election precincts. 

4879. Appointments of registrars, judges and 

clerks. 

4880. Equal representation of i)olitical parties. 

4881. Appearance for examination. 

4882. Qualification and oath of registrars, 

judges and clerks. 

4883. Vacancies and removals. 

4884. Substituted judges and clerks. 

4885. Notice of appointment of substitutes. 

4886. Certificate of appointment as registrar, 

judge or clerk. 

4887. Powers and duties of registrars, judges 

and peace officers. 

4888. Duty of city police. 

4889. Loitering near polls and hindering elec¬ 

tors. 

4890. Judges may secure assistance. 

4891. Duplicate list and registers of electors. 

4892. Form of register of electors. 

4893. Duties of registrars. 

4894. Registration days specified. 

4895. When clerk may act as registering of¬ 

ficer. 

4896. Affidavit in case of unavoidable absence. 

4897. Affidavit of elector in foreign country. 

4898. Entry of “challenged” in case of af¬ 

fidavit. 

4899. Close of registration by clerk. 

49C0. Registration of new electors in quad¬ 
rennial registration cities. 

4901. Duties of registrars. 

4902. Board of registration of naturalized 

voters. 

4903. Hours for registration specified. 

4904. Oath to challenged elector. 

4905. Questions to be answered by applicant. 

4906. How entries shall be made. 

4907. When certificate of naturalization may 

not be produced. 

4908. Signatures of applicant. 

4909. Duplicate register. 

4910. Where registers shall be deposited. 

4911. Voters required to register. 

4912. Registration of disabled persons. 

4913. Certificate in case of removal. 

4914. Certificate in case of mistake. 

4915. Registration on certificate^ 

4916. Annual registration list. 


Section 

4917 . Lists shall be printed and posted at 

polling place; copies of complete 
registration. 

4918 . Duplicate registration lists for use at 

polls. 

4919 . Meeting for granting or receiving cer¬ 

tificates. 

4920 . Registration by order of deputy state 

supervisors. 

4921 . Meeting on evening prior to election. 

4922 . Witness and challenger may be ad¬ 

mitted to polling place. 

4923 . Inspection of ballot boxes. 

4924 . Challenge of persion named in register. 

4925 . Opening and closing of polls. 

4926 . Duties of registrars acting as judges. 

4927 . Location of ballot box and checking of 

lists. 

4928 . Distribution of ballots by election of¬ 

ficers unlawful. 

4929 . Challenges by electors. 

4930 . Powers and duties of judges. 

4931 . Certificate and proclamation of total 

vote cast. 

4932 . Count of vote; excess of ballots de¬ 

stroyed. 

4933 . Summary statement of votes cast. 

4934 . Signing of tally sheets. 

4935 . Session of board on election day. 

4936 . Certificate in case of involuntary mis¬ 

take in registering. 

4937 . Disposition of poll books and tally 

sheets. 

4938 . Return of registers and completion of 

work. 

4939 . Discrepancy between returns to clerk 

and those received by board. 

4940 . Registration of women. 

SPECIAL ELECTIONS. 

4941 . Special elections. 

REGISTRATION EXPENSES. 

4942 . Compensation^ of deputy state supervisors 

and clerks in cities. 

4943 . Maximum compensation of deputy state 

supervisors and clerks. 

4944 . Compensation of judges and clerks. 

4945 . Expenses other than registration must 

be paid by county. 

4946 . Registration expenses; how paid. 


REGISTRATION UPON ACTION OF 
COUNCIL. 

4947 . Council of other cities and vilages may 
provide for registration. 


Section 4870. In cities which at the last preceding Registration 
federal census had, or which at any subsequent federal cen- •"g'^a'^popula- 
sus may have, a population of eleven thousand eight hun- tion of eleven 
dred or more, there shall be a general registration of hun'dS^ or^^* 
electors in the several wards or precincts thereof in the 
manner, at the times and on the days hereinafter provided. 

No person shall have acquired a legal residence in a ward 
or election precinct in any such city for the purpose of vot- 

57 




58 


REGISTRATION OF ELECTORS. 


Chap. 5 


Annual gen¬ 
eral re^stra- 
tion cities. 


Quadrennial 
general regis¬ 
tration cities. 


Office of board 
of deputy state 
supervisors. 


General 
powers and 
duties of 
the board. 


ing therein at any general or special election, nor shall he 
be admitted to vote at any election therein unless he shall 
have caused himself to be registered as an elector in such 
ward or precinct in the manner and at the time required by 
the provisions of this chapter. (R. S. Sec. 2926a.) 

Note: — See Daggett v. Hudson, 43 O. S. 548. 

An elector who registers prior to the November election in 
the precinct where he then resides, is a registered elector in any 
new or altered precinct which the board of elections may establish, 
and within the boundaries of which his residence falls. 

Columbus V. City Board of Elections, 13 O. D. 452. 

Section 4871. In cities which now or hereafter may 
•have a population of one hundred thousand or more when 
ascertained in the manner provided in the preceding section, 
there shall be an annual general registration of all the elec¬ 
tors therein in the several wards and precincts thereof on 
the days and in the manner hereinafter provided. (R. S. 
Sec. 2926h.) 

Section 4872. In cities which now or hereafter may 
have a popolation of eleven thousand eight hundred and 
less than one hundred thousand, when so ascertained, a 
general registration of all the electors therein shall only be 
had quadrennially at each and every presidential election, 
at the times and upon the days hereinafter specified. At 
all other state or public elections those electors only of such 
cities shall be required to register as may be new electors 
or who have moved into any precinct of such city since such 
general registration. (R. S. Sec. 2926h.) 

Section 4873. In counties containing a registration 
city, the board of deputy state supervisors shall have a 
sufficient and suitable office and rooms in such city for the 
purposes required by this chapter, which shall be in charge 
of the clerk thereof. In cities in which annual general 
registration is required, such office shall be kept open daily, 
except Sundays and legal holidays and in quadrennial 
general registration cities such office shall be kept open at 
such times as the board may require. (R. S. Sec. 2926b.) 

Note: — In a’registration city, the deputy state supervisors 
nnv t designate the polling places within such registration city. See 
section 4844. 

Section 4874. The board of deputy state supervisors 
shall appoint all registrars of electors, judges and clerks of 
election, and other' clerks, officers, and agents herein pro¬ 
vided for, and designate the ward and precinct in which 
each shall serve. It shall appoint the places of registration 
of electors and holding elections in each ward or precinct, 
provide suitable booths or hire suitable rooms for such pur¬ 
pose, and for its office, at such rents as it deems just, and 
provide the necessary and proper furniture and supplies for 
such rooms. It shall provide for the purchase, preservation 
and repair of booths and ballot boxes necessary for use at 
elections in such city, of books, blanks and forms necessary 
for the registrations and elections herein designated and for 
dulv issuing all notices, advertisements or publications re¬ 
quired by law. (R. S. Sec. 2926c.) 


Chap. 5 


REGISTRATION OF ELECTORS. 


59 


Section 4875. From time to time the board of deputy Rules and 
state supervisors may make and issue such rules, regu- regulations, 
lations, and instructions not inconsistent with law as it 
deems necessary for governing and guiding the clerk, his 
deputies and assistants and the registrars of electors, judges 
and clerks of elections or other persons under the control 
of the board in the proper discharge of their respective 
offices and duties. No order, resolution or action of the 
board shall be valid without the vote of three of the four 
members. (R. S. Sec. 2926c.) 

Section 4876 . Subject to the control of the board, the duties of 
clerk shall keep a full and true record of the proceedings the clerk, 
of the board, file and preserve in its office all orders, rules 
and regulations pertaining to the administration of registra¬ 
tion and elections, prepare and furnish, under the orders 
of the board, the registers, lists, books, maps, forms, oaths, 
certificates, instructions and blanks, for the use and guidance 
of registrars, judges and clerks of elections and the board 
of canvassers; provide for timely furnishing of such officers 
therewith, and with the necessary supplies provided for 
them; to receive and keep close custody of the registers 
and copies returned to such office, as herein provided, of 
records, papers and certificates of every kind, relating to 
the office or administration of the board. He shall have 
the care of the ballot boxes while deposited at the office of 
the board, and perform such other or further duties per¬ 
taining to such office and afifairs as are prescribed by the 
board. (R. S. Sec. 2926b.) 

Section 4877 . When necessary, the board may em- Denuty clerk 
ploy a deputy clerk and one or more clerks as temporary assistar.ts. 
assistants of the clerk at a salary of not to exceed the rale 
of one hundred dollars per month each and prescribe their 
duties. The period for which they are so employed must 
always be fixed in the order authorizing their employment, 
but they may be discharged sooner at the pleasure of the 
board. Such deputy clerk and assistants shall take the same 
oath for the faithful performance of their duties as required 
of the clerk of the board. The compensation of the deputy 
clerk and the assistant clerks shall be equally divided be¬ 
tween the city and county. (103 v. 544.) 

Section 4878. The board of deputy state supervisors Election 
shall divide, define and proclaim the election precincts of p^’^^mcts. 
such city and fix the boundaries thereof in the manner pro¬ 
vided by law, and provide for furnishing to each registrar 
of electors and judges of elections a map and pertinent de¬ 
scription of such divisions and boundaries and of changes 
which, from time to time, are made by them. (R. S. Sec. 

2926c.) 

Section 4879. On or before the first day of September Appointment 
each year, the board of deputy state supervisors shall ap- 
point for each election precinct in such city two electors of clerks, 
the city to act as registrars of the electors and also as judges 
of election in such precinct. On or before the first day 


6o 


REGISTRATION OF ELECTORS. 


Chap. 5 


of October each year, the board shall appoint two additional 
judges of elections and two clerks of elections for each pre¬ 
cinct of such city. (R. S. Sec. 2926e.) 

Note: — This section does not authorize the employment of 
more than two clerks of election in each voting booth, Atty. Gen. 
10-25-1909. 


Equal repre- 
^ sentation of 
political par¬ 
ties. 


Appearance 
for examina¬ 
tion. 


Qualifications 
and oath of 
registrars, 
judges and 
clerks. 


Section 4880. Neither the two registrars of a precinct 
nor the two clerks of elections thereof shall be of the same 
political party, nor shall more than two of the four judges 
of elections for any precinct be of the same political party. 
Appointments of such officers for each precinct shall be 
made so as in good faith to secure equal representation of 
political parties if practicable. (R. S. Sec. 2926e.) 

Section 4881. Each person selected by the board of 
deputy state supervisors for any of such appointments shall 
appear before the board at its office after twenty-four hours’ 
notice, either served personally or left at his usual place of 
residence, for examination as to his qualifications for being 
appointed. (R. S. Sec. 2926e.) 

Section 4882. Each such registrar, judge and clerk 
of elections shall hold his appointment for one year, unless 
sooner removed by the board, and must be an elector of 
such city, able to read and speak the English language 
understandingly and write it readily and fairly, and shall 
take an oath of office as follows: 


State of Ohio, .county, ss. 

I do solemnly swear that I will support the constitution 
of the United States and the state of Ohio and to the 
best of my ability discharge the duties of judge (registrar 

or clerk) of the election in and for precinct. 

ward, city of.. at the next ensuing election. 

Signed . .. 

Sworn to and subscribed before me this.day of 

., in the year. 


(Title of officer.) 

Such oath may be administered by the clerk or any member 
of the board, and shall be filed in the office of the board. 
(R. S. Sec. 2926e.) 

Vacancies and SECTION 4883. A vacancy in the office of registrar or 

removals. of judge or clerk of elections shall be filled by the board 
of deputy state supervisors. Any of such officers may be 
summarily removed from office by the board at any time 
for neglect of duty, malfeasance or misconduct therein. 
In all cases the last appointment to either of such offices 
for any precinct shall be recognized as valid. Immediately 
upon such removal and the filling of such vacancy, a brief 
note of the proceedings shall be entered in the poll books 
and subscribed by the judges so acting, which entry shall 
specially state the cause of such removal. (R. S. Sec. 
2926e.) • 










Qiap. s 


REGISTRATION OF ELECTORS. 


6l 


Section 4884 . If a judge of elections fails to attend substituted 
at the opening of the polls on the day of election for any 
cause, or, by the decision of the other three judges, becomes 
disabled or unfit to act in receiving and enumerating the 
ballots and certifying the result of the election, the other 
judge of the same political party shall at once appoint an¬ 
other competent elector of such city to act in his place, 
and shall administer to him the oath of office herein pre¬ 
scribed. If a clerk of elections fails to attend at the 
opening of the polls on the day of election, or, during the 
election, by any cause becomes disabled or unfit to act in 
entering, enumerating or certifying the ballots, the judges 
of the election, or a majority of them, may summarily 
remove him, and the two judges of the same political party 
as such clerk shall forthwith appoint another competent 
elector of such city to act in his place, and shall administer 
to him the oath of office herein prescribed. (R. S. Sec. 

2926e.) 

Section 4885. Notice of such appointment of judge Notice of 
or clerk of election shall be immediately sent by the judge 
or judges making such appointment to the board of deputy 
state supervisors, and the person so appointed shall not 
perform any of the duties of his office until such notice 
has been sent to the board. The person so appointed to 
act temporarily as judge or clerk shall perform the duties 
of the office after the sending of such notice until the 
board shall confirm the appointment or appoint another 
person to such office. (R, S. Sec. 2926e. 

Section 4886. The person appointed by the board of Certificate of 
deputy state supervisors as registrar, judge or clerk of 
elections shall receive from the board a certificate of ap- 
pomtment, which may be revoked at any time by the board. 

Such certificates shall be in such form as the board pre¬ 
scribes and shall specify the precinct and ward of the city 
in and for which the person to whom it is issued is ap¬ 
pointed to serve, the date of appointment and the expiration 
of his term of office. During the time they hold such cer¬ 
tificates of appointment as such officers, registrars, judges 
and clerks of elections shall be exempt from the perform¬ 
ance of military and jury duty. (R. S. Sec. 2926e.) 

Section 4887. While exercising office under this or powers and 
any other law regulating elections all registrars of electors registra?! 
and judges of elections shall enforce the peace and good judges ^d 
order and obedience to their lawful commands for such ° 
ends at and about the place of registration and holding 
elections. They shall especially keep the place of access 
of the electors to the polls open and unobstructed, prevent 
and suppress riot, violence, tumult and disorder and any 
and all improper practices or attempts tending to obstruct 
or intimidate electors from a free exercise of their right 
to vote or tending to disturb or interfere with the free and 
peaceful registration of electors or the counting of the vote 
or the certifying of the result of an election. They shall 


62 


REGISTRATION OF ELECTORS. 


Chap. 5 


Duty of 
city police. 


Loitering near 
polls and hin¬ 
dering elec¬ 
tors. 


Judges may 
secure as¬ 
sistance. 


Duplicate lists 
ancf registers 
of electors. 


protect the clerks of an election and the witnesses and chal¬ 
lengers designated to attend an election, as herein provided, 
from any violence, interference or molestation during the 
receiving and enumeration of ballots. At all hazards, they 
shall preserve and secure the registers, poll books, ballot 
boxes and ballots at every election from violence, fraud or 
tampering. (R. S. Sec. 2g26f.) 

Section 4888. To enforce the provisions of the pre¬ 
ceding section, the officer or authority having command of 
the police force of such city, on the requisition of the board 
of deputy state supervisors, shall promptly detail for service 
at the polling place in any precinct of such city such force 
as the board may deem necessary. On every day of election 
such officer or authority shall have a special force in readi¬ 
ness for any emergency. (R. S. Sec. 2926f.) 

Section 4889. During the receiving and counting of 
the ballots or registering of electors, no person or persons 
shall loiter or congregate within one hundred feet of the 
polling place of any election, or place of registration of 
electors, or in any manner hinder or delay any elector in 
reaching or leaving the place fixed for registration or cast¬ 
ing his ballot, or within such distance of one hundred feet 
give, tender or exhibit any ballot or ticket to any person 
other than a judge of elections, or exhibit any ticket or 
ballot which he intends to cast, or solicit or in any manner 
attempt to influence any elector in casting his vote. (R. S. 
Sec. 2926f.) 

Section 4890. In the discharge of their duties, the 
judges of elections, if necessary, may appoint and require 
any elector or electors to aid them in making known their 
orders or directions and in enforcing the peace. Such 
judges, or any of them, or any registrar, may order the 
arrest of a person violating these sections, but such arrest 
shall not prevent such person from voting or registering if 
he is entitled so to do. The sheriff, all constables, police¬ 
men and officers of the peace, and all bystanders at any elec¬ 
tion shall immediately obey and aid in enforcing any and 
every lawful order made by the judges in execution of the 
provisions of the preceding sections. (R. S. Sec. 2926f.) 

Section 4891. In quadrennial general registration 
cities, on or before the first day of September of each year, 
except each fourth year when general registration is re¬ 
quired, the clerk, under the direction of the board of deputy 
state supervisors, shalll prepare and furnish to the registrars 
for each percinct in such city duplicate lists of all electors 
so registered in such precincts at the last general registra¬ 
tion, together with such new and additional ones as may 
have registered at any election subsequent to such general 
registration with sufficient blank space for new electors to 
be registered therein. In annual general registration cities, 
on or before the first day of September of each year, the 
board shall procure and have at its office duplicate books for 


Chap. 5 


REGISTRATION OF ELECTORS. 


63 


each election precinct in such city for the registration of 
electors therein, which shall be styled and known as “regis¬ 
ters of electors.” (R. S. Sec. 2926g.) 

Section 4892. Each such register of electors shall 
contain space and ruled lines for at least seven hundred 
names, and be arranged and ruled in parallel columns with 
printed heading in the following order: Number (consecu¬ 
tively), full name, age, present place of residence, place of 
residence at last registration, occupation, term of residence, 
nativity, when naturalized, court, married or single, per¬ 
sonal description, date of registration, sworn, signature, re¬ 
marks. The rulings and headings of each page of the reg¬ 
ister shall be according to the following diagram enlarged. 
(102 V. 181.) 

Section 4893. On Wednesday in the fifth week be- 
for the November election, each year, the registrars of 
each precinct in such city shall apply for such lists and 
such registers and the map of their precinct, and such 
printed instruction for the discharge of their duties as 
the board of deputy state supervisors may lawfully pre¬ 
scribe. (R. S, Sec. 2926g.) 

Section 4894. The days for the general registration 
of electors in cities wherein annual general registration is 
required and for the quadrennial general registration and 
yearly registration of new electors in cities where general 
registration is required only in presidential years, shall be 
Thursday in the fifth week, Thursday in the fourth week 
and Friday and Saturday in the third week next before the 
day of the general election in November in each year. 
(R. S. Sec. 2926h.) 

Section 4895. Between the first day of September and 
the day preceding the first of the days prescribed'for the 
general registration, and no longer, the clerk of the board 
of deputy state supervisors shall act as registering officer in 
the cases only described in the following two sections. 
(R. S. Sec. 292611.) 

Section 4896. Any person resident of such city who 
will be lawfully entitled to vote therein at the next succeed¬ 
ing November election may go before such clerk at the 
office of the board, and, on making and subscribing an 
oath before him that he will necessarily and unavoidably 
be absent from such city on all the days appointed or 
allowed by law for the general registration of electors by the 
registrars of the precinct in which he resides, specifying 
them, and more than fifty miles distant therefrom, the 
clerk, if satisfied, shall thereupon file such affidavit and 
make registration of such person in the registers of such 
precinct, on compliance of such applicant with the require¬ 
ments of law for general registration and his signature to 
the statement prescribed, and no further registry of such 
applicant shall be necessary. (R. S. Sec. 292611.) 


Form of reg¬ 
ister of elec¬ 
tors. 


Duties of 
registrars. 


Registration 
days specified. 


When clerk 
may act as 
registering 
officer. 


Affidavit in 
case of un¬ 
avoidable 
absence. 


64 


Affidavit of 
elector in 
foreign 
country. 


Entry of 
“challenged” 
in case of 
affidavit. 


Close of rej 
istration by 
clerk. 


REGISTRATION OF ELECTORS. Chap. £ 

Section 4897. An elector of such city who is absent 
therefrom and without the county in which it is situated 
and more than fifty miles distant from such city, may 
appear before a judge or clerk of any court of record or 
notary public, or, if in a foreign country, before any min¬ 
ister, consul, or vice consul of the United States, and 
make and subscribe an affidavit as to his residence, speci¬ 
fying in what ward and precinct he resides, and that he 
will be necessarily and unavoidably absent from such city 
on all the days allowed or appointed by law for the general 
registration of electors in such precinct, and answering 
and setting forth accurately each and all matters herein 
required to be set forth in the register of electors, and 
forward such affidavit duly authenticated by mail, under an 
envelope addressed to the “Clerk of the board of deputy 
state supervisors” of such city. If received by such clerk 
between the days so appointed for his acting as such regis¬ 
trar, it shall entitle such applicant to be entered by the 
clerk in the proper register of such precinct. In place of 
the signature of such elector, the word “affidavit” shall be 
inserted, and no further registry of such applicant shall be 
necessary. Such affidavit and envelope shall be filed and 
preserved in the office of the board. No such affidavit 
shall be allowed by the clerk unless the officer before whom 
it is made shall certify that the affiant is personally known 
to him to be the person he represents himself to be or 
proven so to be by a credible person known to him whose 
name and full address must be stated in such certificate. 
(R. S. Sec. 2926h.) 

Section 4898. Any such affidavit of an absent elector, 
received by the clerk, on or after the first day herein ap¬ 
pointed for general registration by the registrars, shall be 
transmitted by him immediately to the registrars of the 
proper precinct, and they may register the applicant as 
herein directed and shall preserve such affidavit. When 
application for registration is thus made by affidavits for¬ 
warded by mail, if the clerk or registrars, as the case may 
be, are not satisfied that such applicant is a resident of the 
precinct so specified, or that he will be entitled to vote on 
the day of the next election, the word “challenged” shall 
be entered in the registry opposite his name and in the 
column for “remarks”, and such affidavit and envelope 
shall be transmitted to the judges of election. If he ap¬ 
pears, such applicant shall be required to establish his 
residence and qualification before voting. (R. S. Sec. 
2926h.) 

Section 4899. On the day preceding the first of the 
days herein appointed for the general registration, the 
clerk of the board of deputy state supervisors shall close 
such registration in each register in which he has so entered 
any registration of electors, by drawing double lines across 
the page with ink immediately below the last name reg¬ 
istered by him, and add the words, “Close of registration 


er Means of Identification. 

Date of Registration. 

Sworn. 

Signature." 

Remarks 

* 



• 

• 



























Chap. 5 


REGISTRATION OF ELECTORS. 


65 


by the clerk,” and shall thereunto subscribe his name and 
office. (R. S. Sec. 2926h.) 

Section 4900. In cities in which a general registration 
of electors is required at presidential elections only, at all 
other state or other public elections, those electors who have 
been duly registered at such general registration and have 
not removed from the precinct in which they then regis¬ 
tered at such general registration in such city shall not be 
required to register. But at such state or other public elec¬ 
tions, at the times hereinbefore provided for registration 
days, only those electors of such city shall be required to 
register as may be new electors or who have moved into 
a precinct of such city since a general registration and 
have not been registered therein, except that at such public 
election, other than presidential and state, such registration 
shall take place on Friday and Saturday in the third week 
before any such election. If an elector removes from the 
precinct in which he has so registered into another precinct 
of the city in which he resides, he shall apply in person 
to the registrars of the precinct in which he has so regis¬ 
tered for a ‘‘removal certificate,” as herein provided in 
other cases. (R. S. Sec. 2926h.) 

Section 4901. Within a sufficient time previous to 
such state or qther public election, the registrars of each 
precinct in such city shall obtain the preceding register made 
by them from the board of deputy state supervisors, and 
attend at the place in such precinct appointed for the regis¬ 
tration of electors at the time hereinbefore provided, and 
receive application for registration by such qualified elec¬ 
tors residing therein as are not already registered at the 
last preceding general registration. . Such registrars shall 
take all such preceding registers of their respective pre- 
cints, so required to be furnished them, as hereinbefore 
provided, make a thorough canvass thereof for the pur¬ 
pose of ascertaining whether any of the electors so regis¬ 
tered have removed or died and make a report of their 
proceedings carefully rioting any and all changes found, 
together with such additional names of the electors regis¬ 
tered by them to the board of deputy, state supervisors, 
(R. S. Sec. 2926h.) 

Section 4902. In each county containing an annual 
general registration city, the board of deputy state super¬ 
visors shall act as a board of registration of naturalized 
voters in such city. It shall receive and record any cer¬ 
tificate of naturalization offered to it. by a naturalized 
citizen in person who is then an elector of such city and 
requests that such certificate be put on record by the board, 
and states under oath or affirmation his age, his place or 
places of residence during the five years preceding such 
statement and the length of time he has resided in each 
such place. Thereupon the board, by its clerk or deputy 
clerk, shall place such certificate of naturalization on rec¬ 
ord together with a record of the statements of the appli- 

5 E. L. 


Registration 
of new elec¬ 
tors in quad¬ 
rennial reg¬ 
istration 
cities. 


Duties of 
registrars. 


Board of 
registration 
of naturalized 
voters. 


66 


REGISTRATION OF ELECTORS. Chap. 5 


cant, and they shall be matters of public record. Such 
registration of certificate of naturalization may be made 
on any day and at any time during which the ofirce of the 
board is open for the transaction of ordinary business, 
except, on election days and days for the general registra¬ 
tion of electors. (R. S. Sec. 2926h.) 

Hours for SECTION 4903. On each of the days appointed for the 

spfcifi?d‘°" general registration of electors, the registrars of electors 
shall meet at the place in each precinct provided by the 
board of deputy state supervisors for that purpose, and 
there remain in session from the hour of eight o’clock 
forenoon until the hour of two o’clock afternoon, and 
from four o’clock afternoon until nine o’clock afternoon 
of each day of the days so appointed for the purpose of 
registering the electors lawfully resident in such precinct. 
No person shall be registered as an elector of such city at 
any time or place other than those designated in this chap¬ 
ter. In making registration, each applicant shall answer 
the inquiries made by the registrars. (R. S. Sec. 2926i.) 


Oath to chai- SECTION 4904. Having openly and publicly met at 

lenged elector, place and time herein appointed, the registrars shall 

receive the applications for registration of all such persons 
resident in such precinct as then are or on the day of 
election which will next follow such application will be, 
entitled to vote therein and who shall personally come 
before them, and such only. The registrars may, and, 
if the right of the applicant to be registered is challenged 
by any elector, shall administer the following oath: “You 
do solemly swear that you will truly and fully answer all 
such questions as may be put to you, touching your place 
of residence, name, age, place of birth, qualifications as an 
elector and your right as such to be registered and vote 
under the laws of this state.” (R. S. Sec. 2926i.) 

Questions to Section 4905. The registrars shall then examine each 

by appHcant. applicant as to liis residence and qualifications as an elector, 
and, if not satisfied, or if any electors so demand, they 
shall enter the word “challenged” under the column for 
“remarks.” Unless otherwise herein directed, they shall 
then in the presence of the applicant enter in the registers 
his answers to their questions, pertinent to the heading 
of each column, in their order. (R. S. Sec. 2926i.) 

How entries SECTION 4906. In entering his “number,” such num- 

shaii be made, ber shall be filled up consecutively, leaving no blank. In 

“name” they shall include his Christian name or names in 
full, as well as his surname. In the column as to present 

place of residence, shall be stated the name of the street, 

avenue, alley or way in which his dwelling is located or 

access thereto is usually had, and the number of the house, 

if it has one. If it has no number, a definite description by 
which it can easily be found must in every case be given 
and entered. If there are more houses than the one under 
the number so given, or if there are other families, tenants 
or lodgers in that in which the applicant resides, he must 


Chap. 5 


REGISTRATION OF ELECTORS. 


67 


Specify in which house and on which floor and whether 
front or rear, of such house he resides, and the number and 
location of his tenement. 

In the column as to “place of residence at last registra¬ 
tion” shall be stated his then postoflice address, with street 
number, if any, and, if his residence was the same, the 
words “same residence” shall be entered. 

In the column as to “age,” the years and months must 
be stated, and, if the applicant is not at the time twenty-one 
years of age or more, the words “not of age” must be in¬ 
serted in the column of “remarks.” 

In the column as to “occupation” and the name of his 
employer, if he has one, must be stated. 

In the column as to “term of residence,” the periods of 
years and months of his residence in the precinct and state 
must both be stated. 

In the column as to “nativity,” the name of the state 
or foreign country must be given. 

In the column as to “naturalized,” the answer “yes” or 
“no” or “native” must be given and stated. If naturalized, 
the proper certificate or evidence must be produced, unless 
such certificate has been filed with the board of deputy 
state supervisors, as herein provided. 

In the column as to “married or single,” if the head of 
a family, it must be so stated. 

Nothing shall be entered in the column as to “personal 
description” until the applicant has signed the register, and 
then lines shall be drawn unless the applicant has been chal¬ 
lenged, or signs by mark, in either of which events, the 
color of his hair, the color of his eyes, apparent height, ap¬ 
parent weight and other means of identifying him, such as 
the loss of a member, whether smooth-shaven or otherwise, 
and description of birthmarks or scars, if any, shall be 
stated. 

The column as to “date of registration” must be filled 
with the date on which the applicant actually registered, 
and none other. (102 v. 182.) 

Section 4907. If the applicant for registration de¬ 
clares that the certificate of naturalization, upon which he 
claims the right to vote, has been filed for record with the 
board of deputy state supervisors having charge of such 
registration, as herein provided, he shall not be required 
to produce such certificate of naturalization or other evi¬ 
dence thereof, but the registrars may require such declara¬ 
tion to be made upon oath or affirmation, and the word 
“registration” shall be noted opposite his name in the 
column under the heading of “remarks.” (R. S. Sec. 
2926i.) 

Section 4908. After the answer of the applicant to 
the question under the head of each column, except the 
questions as to “personal description” has been properly 
entered by the registrars, in his presence, and not until 
then, he must enter his signature on the same line and in 


When cer¬ 
tificate of 
naturalization 
may not be 
produced. 


Signatures of 
applicant. 


68 


Duplicate 

register. 


Where regis¬ 
ters shall be 
deposited. 


Voters re¬ 
quired to 
register. 


REGISTRATION OF ELECTORS. Chap. £ 

both of the registers in the column “signatures.” An ap¬ 
plicant who signs by mark shall make an affidavit on a 
blank prepared for that purpose, that he cannot sign his 
name, which affidavit shall be delivered to the office of the 
board of deputy state supervisors, with the registers, and 
there preserved, and the signature of an applicant who 
signs by mark must also be attested by at least one subscrib¬ 
ing witness, who shall be an elector and may be examined 
under oath by the registrars as to his knowledge of the per¬ 
son thus attested, and in such case noted by the registrars 
on the registers as “sworn” or “affirmed,” as the case may 
be. (i02 V. 182.) 

Section 4909. Each of the registrars shall enter the 
statement of the applicant in the duplicate register kept 
by him, and both shall be signed by the applicant. At the 
close of each day’s registration, the registrars shall compare 
their registers with each other and correct any discrepancy 
in form before closing them for the day. The registrations 
for the day shall then be ruled off by double lines, to be 
drawn by the registrars across the page in ink and imme¬ 
diately under the last name and statement so registered. 
The registrars shall make a note in writing under such 
double line, stating “close of the first, second, etc. day’s 
registration,” and attest it by their signatures in both regis¬ 
ters. The register shall then be deposited by them at 
the end of each day at the office of the board of deputy 
state supervisors. (R. S. Sec. 2926i.) 

Section 4910. When not in the official use of the 
registrars or the judges of elections, all registers shall at 
all times be deposited and locked up in the office of the 
board of deputy state supervisors of such city, subject to 
be produced for inspection at all proper times. (R. S. Sec. 
2926i.) 

Section 4911. Each male person who is a citizen of 
the United States and lawfully resident of this state and of 
any city wherein registration is required, who is, or at the 
next ensuing election in such city will be, entitled to vote 
therein, on application in the election precinct where he 
lawfully resides and complying with the requirements 
herein, shall be registered as a resident and elector therein, 
but not otherwise. No person shall be entitled to vote at 
any election in such city unless he shall establish his resi¬ 
dence by causing himself to be registered in the precinct 
where he shall claim to reside, in the manner and at the 
time required herein, nor shall a ballot be received by 
the judges at any election under any pretense whatever 
unless the name of the person offering it shall have been 
entered on both of the registers of the precinct in which 
he claims to vote, as herein provided. It shall be the duty 
of each elector resident in any such city to see that his name 
has been so registered. (R. S. Sec. 2926j.) 


Chap. 5 


REGISTRATION OF ELECTORS. 


69 


Section 4912. An elector in such city who is pre¬ 
vented by sickness or physical disability from appearing 
before the registrars at the place in his election precinct 
on the days for general registration, may apply to such 
registrars on either of such days by his affidavit made 
before a judge or justice of the peace or notary public 
in such city. Such affidavit shall contain a full and proper 
answer to each and every question under all the heads or 
columns required for registration, and shall be transmitted 
to such registrars by a credible person, whO' is. an elector of 
such precinct and personally cognizant of the sickness and 
disability of the applicant and of the facts stated in the 
affidavit. Such person shall be examined under oath by 
the registrars as to such matters. If satisfied that the 
applicant is a resident of such precinct and that he is then 
or on the day of the next election will be qualified to vote 
therein, the registrars shall enter the applicant as registered, 
and in the column for “signatures” enter the word “affi¬ 
davit” and transmit the affidavit with the registers to the 
judges of election and such registration shall be sufficient. 
(R. S. Sec. 2926j.) 

Section 4913. An elector, being the head of a family 
and duly registered in the precinct where he then resided, 
who shall remove into another precinct in the same city, or 
an elector not the head of a family, duly registered in a 
precinct of a ward where he then resided, who shall remove 
into another precinct in the same ward may on any of the 
days of general registration apply in person to the .registrars 
of his previous precinct for a “removal certificate,” and it 
shall be made and signed by them, certifying his registra¬ 
tion, with all its particulars, as shown on their registers, 
but adding his statement of the new residence and precinct 
to which he has removed. They shall then immediately 
cancel his registration on their registers by drawing double 
lines in ink through it and noting his “removal” and the 
ward and precinct to which he has removed in the column 
of “remarks”. Such note must be subscribed by the appli¬ 
cant. (R. S. Sec. 2926k.) 

Note : — This section applies where after registration an 
elector removes to another precinct of the same city prior to the 
close of registration. If he so removes after the last day of 
registration the provisions of Sec. 4919 apply. 

Section 4914. When by mistake a qualified elector 
has caused himself to be registered in a precinct which 
was not his place of residence, the registrars therein, on 
full and satisfactory proof that such error was committed 
by mistake and without fraud or unlawful intent, may on 
his personal application and proof of his true residence 
give him a similar certificate, as in case of removal, and 
cancel his registration in the same manner on their registers. 
(R. S. Sec. 2926k.) 

Section 4915. In case of a removal or mistake, the 
certificate so granted shall entitle such persons to be regis¬ 
tered in the precinct where they lawfully reside, if such 


Registration 
of disabled 
persons. 


Certificates in 
case of re¬ 
moval. 


Certificates in 
case of mis¬ 
take. 


Registration 
on certificate. 


70 


REGISTRATION OF ELECTORS. 


Chap. 5 


Annual regis¬ 
tration list. 


Lists shall be 
printed and 
posted at 
polling place. 


certificates are presented on any of the days for general reg¬ 
istration or between the hours of two thirty and five thirty 
o’clock afternoon on Monday, the day preceding the No¬ 
vember election, to the registrars of such precinct,^ and 
proper proof thereof is made to them. When registra¬ 
tion is so granted upon certificate from the registrars of 
other precincts or by order of the board of deputy state 
supervisors, as hereinafter provided, such certificate or 
order must be retained by the registrars to whom it is pre¬ 
sented and filed by them in the office of the board of deputy 
state supervisors and preserved. No such certificate or 
transfer shall be allowed or be valid unless certified and 
signed by both the registrars of the precinct in which the 
registration was first made. R. S. Sec. 2926k.) 

Section 4916. On the day following each registration 
day, unless such day be Sunday or a registration day, in 
which event on the next succeeding day, each year, the reg¬ 
istrars of each election precinct shall make and deliver to 
the board of deputy state supervisors at its office in such 
city a true list of the names of all electors registered by 
them in their respective precincts on the preceding day or 
days, arranged in the alphabetical order of their surnames, 
followed by their full Christian names and residences, and 
having the registry number of each prefixed. The lists 
shall be under the following heading: “List of electors 

registered in ward.. ., precinct.of the 

city of .. on the. 

.days of. 19. ..., No. 


.name, 

. residence.” 

The following certificate shall be annexed at the end of the 
list and signed by both of the registrars of the several 
precincts: “We, the undersigned, registrars of electors in 

ward.. precinct.. ., of the city of. 

...and state of Ohio, do certify that the 

foregoing list is a true and correct copy of the names, resi¬ 
dences and registry numbers on the regisl^er's of such 
precinct of all persons who have been registered by us as 
residents and qualified electors in such precinct, this .... 

day of .. . . s. in the year nineteen hundred and 

.” (102 V. 183.) 

Section 4917. After the last day of registration, and, 
if so directed by the state supervisor of elections after each 
day of registration, the board of deputy state supervisors 
shall cause a number of copies of such lists for each pre¬ 
cinct in such city respectively to be printed on broad side 
sheets of thick paper and in plain type, two of which lists 
they shall cause to be securely posted at the polling place 
of such precinct within five days after they receive such 
lists from the registrars, and one of which shall be deliv¬ 
ered to the controlling committee of each political party or 

















Chap. 5 


REGISTRATION OF ELECTORS. 


71 


authorized committee of each set of candidates nominated 
by petition. Each list printed shall include all the names 
registered. 

A copy of the complete registration prior to a Novem- copies of 
ber election from each precinct shall be retained by the ^e^-Ptrltion 
board of deputy state supervisors, and each year, after the 
close of the annual registration, bound together in a volume 
and preserved in its office. They shall cause at least fifty 
additional copies of such list respectively to be printed in 
pamphlet form for immediate distribution. (103 v. 519.) 

Section 4918. After making and returning such lists Duplicate 
to the board of deputy state supervisors, the registrars shall [fsfs^^foJ'^use 
make in books, to be prepared and furnished them by the at polls, 
board, duplicate lists of all the registered electors in their 
precinct, arranged alphabetically in the order of their sur¬ 
names, folloAved by their full Christian names, ages and resi¬ 
dences, as registered, and the registry number of each pre¬ 
fixed. The books to be prepared for this purpose shall be 
ruled in columns with printed headings as follows: “Reg¬ 
istry number., name., age.. 

residence .. voted . 

remarks.” These lists shall be care¬ 

fully compared by the registrars of each precinct with the 
registers thereof and with each other, and then certified 
by them in the form prescribed for the lists returned to 
the board of deputy state supervisors, and at the opening 
of the polls at the next succeeding election shall be there 
produced by them for the use of the judges, as herein 
provided. (R. S. Sec. 2926I.) 

Section 4919. On Monday, the day preceding the Meeting for 
November election in each year, the registrars of each recdvrng°*^ 
election precinct shall meet at two-thirty o’clock afternoon certificates, 
at the polling place appointed for holding elections therein, 
and there remain in session until five thirty o’clock after¬ 
noon, central standard time. At this meeting, they shall 
receive and act upon any application for either granting 
or receiving certificates of removal or correction of mis¬ 
takes, as herein provided for. If material error or mistake 
in the description of any elector in such precinct has been 
discovered, he may appear at this meeting and on good 
cause shown, the registrars may then correct it. Any 
change in the registers allowed by the registrars at such 
meeting must immediately be noted by them in the registers 
and also in the books containing the duplicate lists for the 
use of the judges, as herein provided, and, if not then and 
there so noted, shall be wholly null and disregarded by the 
judges of election. (R. S. Ses. 2926m.) 

Note: — Where an elector has registered more than once in 
the same precinct, the registrars of such precinct should make cor¬ 
rection to show but one registration. 








72 


REGISTRATION OF ELECTORS. 


Chap. 5 


Registration 
by order of 
deputy state 
supervisors. 


Meeting on 
evening prior 
to election. 


Witness and 
challenger 
may be ad¬ 
mitted to 
polling place. 


Section 4920. At such meeting and subject to the 
same conditions, any qualified elector of such precinct may 
be registered who shall appear and present an order re¬ 
quiring it, signed by not less than three members of the 
board of deputy state supervisors. No such order shall be 
made or considered by the board, except in a session of the 
board, to be held in its office on Saturday and Monday 
preceding the November elecetion in each year, and during 
such hours as may be prescribed by the board therefor, nor 
unless the applicant shall appear before the board per¬ 
sonally at such session after the last day of general regis¬ 
tration and proves to its satisfaction that he could not by 
due diligence have appeared before the registrars in his 
proper precinct on either of the days appointed herein, and 
shall furthermore comply with all the prescribed require¬ 
ments for general registration. (R. S. Sec. 2926m.) ' 

Section 4921. On Monday, the day peceding the 
November election in each year, the registrars, as judges, of 
election and the other two judges of election in each pre¬ 
cinct shall meet at the polling place appointed for holding 
the election therein at seven o’clock afternoon, punctually, 
and then and there organize as a board by electing one 
of their number by ballot as chairman. If they fail so 
to elect a chairman within ten minutes, they shall imme¬ 
diately choose a chairman by drawing lots. At this meet¬ 
ing, they shall make all necessary arrangements for secur¬ 
ing the ballot boxes and the proper accommodations for 
themselves and the clerks of elections in receiving and 
counting ballots at the ensuing election, and also, if requested 
for the witnesses and challengers designated by each polit¬ 
ical party, as provided in the next section. (R. S. Sec. 
2926n.) 

Note : — In selecting a chairman on the Monday evening pre¬ 
ceding the November election, the choice must be by ballot or by 
lot. The rule as to “dominant party” does not apply. 

! 

i 

Section 4922. At each election, the executive or prin¬ 
cipal committee of each political party presenting one or 
more candidates for suffrage may, by writing, certified by 
its chairman and secretary, and presented to the judges of 
election at or before this meeting, designate not more than 
one elector of such city as witness and one other elector as 
challenger, to attend at such election in behalf of such party. 
The judges of election in each ward or election precinct 
shall admit such witnesses and challengers so accredited 
into the polling room with themselves and the clerks at the 
ensuing election and place them so near to themselves 
and the clerks that they can fully and conveniently watch 
every proceeding of the judges and clerks from the time 
of opening to closing of the polls. No other person, except 
tl^e witnesses and the judges and clerks of the election 
shall be admitted to the polling place after the closing of 
the polls until the counting, certifying and signing of the 


Chap. 5 


REGISTRATION OF ELECTORS. 


73 


final returns of such election have been completed. (R. S. 
Sec. 2926n.) 

Note : — See note to Sec. 4808, as to “Executive Committee.” 

See also Oliver v. Bodie, 3 N. P. 298. 

Section 4923. Before opening the polls, the ballot 
boxes shall be opened, if requested by a witness, so that 
the inside and the locks and keys may be inspected by them. 
No ballot box, nor any ballot when taken from it for count¬ 
ing, shall be removed or screened from the constant sight 
of such witnesses until the counting has been closed and 
the certificate of the final returns completed and signed by 
the judges. The challengers so designated shall be so 
placed that they can fully see and meet each and every per¬ 
son offering a ballot to the judges or either of them. (R. 
S. Sec. 2926n.) 

Section 4924. At the meeting on the evening of the 
day preceding an election, any elector may appear and 
challenge the vote of any person named in the register of 
such precinct, and the word “challenged” shall immediately 
be entered by the judges opposite the name of such person 
on both the duplicate lists of electors, and, if he shall 
offer to vote at such election, the judges, upon such chal¬ 
lenge, shall examine him under oath as to his qualifications 
as an elector in such precinct. (R. S. Sec. 2926n.) 

Section 4925. On the day of the November election 
in each year and of any other election, the polls shall be 
opened by the judges of elections appointed and organized 
as herein provided, by proclamation made by the chair¬ 
man at the hour of five-thirty o’clock forenoon, standard 
time, and shall be closed by proclamation at the hour of 
five-thirty o’clock afternoon. (R. S. Sec. 29260.) 

Note: —When the said section is construed with other legis¬ 
lation in pari materia, it does not appear that it denies or abridges 
the right of citizens to vote. The said section is intended to, 
and does facilitate rather than impede the exercise of the right 
of suffrage and it is reasonable, uniform and impartial. 

Section 2926o, Revised Statutes, is a law of a general nature 
and operates uniformly throughout the state. 

Gentsch et al. v. State ex rel. McGarry et al., 71 O. S. 151. 

1 

Section 4926. At the hour of opening the polls, the 
registrars acting as Judges shall punctually attend and pro¬ 
duce at the polling places in the several precincts the 
registers, affidavits of sick or absent electors and accom¬ 
panying papers and the duplicate certified lists of electors, 
prepared by them, as herein required. The chairman of 
the board shall at once designate two members of the board 
of judges of different political parties, each to hold and to 
have charge of one of the duplicate lists. No ballot shall 
be deposited in the ballot box until the name of the elector 
offering it shall first have been stated by him and announced 
aloud by the judge holding the ballot nor until it shall 


Inspection of 
ballot boxes. 


Challenge of 
person^ named 
in register. 


Opening and 
closing of 
polls. 


Duties of 
registrars 
acting as 
judges. 


74 


REGISTRATION OF ELECTORS. 


Chap. 5 


Location of 
ballot box 
and checking 
of lists. 


Distribution 
of ballots by 
election offi¬ 
cers unlawful. 


Challenges by 
electors. 


Powers and 
duties of 
judges. 


Certificate 
and proclama¬ 
tion of 
total vote 
cast. 


have been found on both such lists and so announced by 
both of the judges holding the lists. (R. S. Sec. 29260.) 

Section 4927. Each ballot must be put in the ballot 
box by the judge who receives it from the elector. Such 
judges shall check off the name of such elector and the 
ballot be so held forth by the judge that it shall be in full 
view of the elector until it is actually put into the, box. 
For a wilful violation or evasion of this rule by any such 
judge, he shall at once be expelled from his office by the 
other three judges, and the vacancy filled in the manner 
herein provided in other cases of vacancy. Immediately 
upon the depositing of the ballot in the box, each of such 
judges shall check off the name of such elector on the 
duplicate list held by him by placing a “V” distinctly with 
ink in the column under the word “Voted” and in the line 
with the elector’s name. (R. S. Sec. 29260.) 

Section 4928. No judge or clerk of elections, wit¬ 
ness or challenger, admitted into the polling rooms at the 
election, at any time while the polls are open, shall have 
in his possession or distribute or give out any ballot or 
ticket to any person on any pretense during the counting 
or certifying of the votes, or have any ballot or ticket in 
his possession or control, except in the proper discharge 
of his duty in receiving, counting or canvassing the votes 
as required by law. This prohibition shall not extend to 
the lawful exercise by a judge or clerk of elections, wit¬ 
ness or challenger of his individual right to vote at such 
election. (R. S. Sec. 29260.) 

Section 4929. A registered elector, when offering to 
vote, may nevertheless be challenged by any elector as a 
non-resident or for any of the causes allowed by law, and 
he shall be sworn and the same proceedings thereupon had 
as in other cases. In all cases of challenge, the judges 
holding such duplicate lists shall note the word “sworn” 
opposite the name of the person challenged. (R. S. Sec. 
29260.) 

Section 4930. Except as otherwise required herein, 
the judges of election appointed as herein provided shall 
have the same powers and discharge all the duties con¬ 
ferred or required by the general laws of the state, regu¬ 
lating elections. Except when some authority or duty is 
herein allotted to one of such judges, no order or action 
on their part shall be valid without the concurrence of three 
members of such board of judges in any precinct. (R. S. 
Sec. 29260.) 

Section 4931. Immediately upon the close of the 
' polls at each election in such cities, the number of electors 
entered and shown on the poll books as having voted shall 
be first certified therein and signed by the board of judges 
and the clerks. Before any other or further proceedings, 
the chairman of the board shall make a proclamation in 
a loud voice in the street outside of the polling room. 


Chap. 5 


REGISTRATION OF ELECTORS. 


75 


stating the number of voters so shown and certified on the 
poll books. The number of electors who shall have been 
checked on each of the duplicate lists as having voted 
shall next be counted and compared each with the other, 
and with the number so shown in the poll books and the 
result shall at once be certified in the poll books and signed 
by the judges. In counting those who are checked, the 
word “No” shall at the same time be entered in ink in the 
same column opposite the name of each elector who is not 
so checked off. In all cases of disagreement or doubt 
on any question during the election or counting, the judges 
may refer to the original registers, and they shall be con¬ 
clusive when relevant. (R. S. Sec. 2926P.) 

Section 4932. Without adjournment or delay, the 
ballot box shall then be opened, and, without opening any 
ballot or ascertaining its contents, the number of ballots 
shall first be counted. If the number of ballots exceeds the 
number of names on the poll books, the ballots shall be 
replaced in the box and one of the judges, with his back 
to the box and without seeing it, shall draw out, without 
showing them, and destroy, a number of ballots equal to 
the excess. If during the counting of the ballots or at 
the conclusion of the counting, an excess of ballots is dis¬ 
covered, all the ballots shall be returned to the box and, 
after being thoroughly mingled, the excess shall in the 
manner above directed be drawn out and destroyed and the 
count corrected accordingly. In all cases when ballots have 
thus been drawn out and destroyed, a minute of the number 
destroyed and the reason shall be made on the tally sheet. 
The count shall then commence and proceed without inter¬ 
ruption or delay, and in no case shall cease until it is com¬ 
pleted, proclaimed and the final result certified as herein 
required. (R. S. Sec. 2926P. 

Note : — In the absence of any showing of fraudulent intent 
or that the result was changed thereby, an election is not vitiated 
by the fact that a ballot was voted upon which a number had been 
placed in some unknown manner, or because the judges recounted 
the ballots and changed their decisions as to one which had been 
in dispute. State ex rel. Johnson et al. v. Village of McClure, 
5 O. N. P. (N. S.) 541. 

Section 4933. As soon as the ballots have been 
counted and tallied and the clerks have estimated the num¬ 
ber tallied for each candidate, the chairman of the board 
shall make a second proclamation in the same manner as 
the first, stating the whole number of votes cast and the 
number counted and tallied for each candidate. This 
proclamation shall be prima facie proof of the result. The 
judges and clerks in each precinct shall at the same time 
make out and certify a summary statement of the number 
of votes cast therein and the number counted and tallied 
for each candidate as announced in the proclamation, and 
dispatch it without delay by a special messenger in a sealed 
envelope, to the board of deputy state supervisors at its 
office. As soon as the result has been proclaimed, the 


Count of 
vote; excess 
of ballots 
destroyed. 


Summary 
statement of 
votes cast. 


76 


REGISTRATION OF ELECTORS. 


Chap. 5 


Signing of 
tally sheets. 


Session of 
board on 
election day. 


Certificate in 
case of invol¬ 
untary mis¬ 
take in reg¬ 
istering. 


Disposition of 
poll books and 
tally sheets. 


judges of election shall also announce it to the board of 
deputy state supervisors from the nearest police station or 
from the telegraph or telephone station, if nearest to them. 
At the request of a person designated to witness the count¬ 
ing of the ballots, the judges and clerks of election shall also 
sign and deliver to him a certificate containing the same 
statements as required to be made to the board of deputy 
state supervisors. (R. S. Sec. 2926P.) 

Section 4934. After completing the counting and 
enumerating of the ballots, and proclaiming and issuing 
the statement of the result, as hereinbefore directed, the 
number of votes for each person shall be set down in the 
tally sheets under the inspection of the judges and certified 
and signed by them in manner and form as prescribed by 
law. In all certificates the number of votes shall be fully 
written out in words and also stated in figures. (R. S. 
Sec. 2926P.) 

Section 4935. The board of deputy state supervisors 
shall convene in session at its office at five-thirty o’clock 
forenoon on' the day of each election in such cities, and 
remain in session continuously until such statements giving 
the result of the election are received from every precinct 
in such city. The board may employ messengers, use the 
telephone and telegraph, direct the police force of the city_, 
and use any other lawful means to secure prompt and 
correct reports from the election judges. The police author¬ 
ities shall assign at least one policeman to do duty in each 
precinct on each day of election. (R. S. Sec. 29269.) 

Section 4936. In case an elector, through no mistake 
or negligence of his own, shall have been registered in the 
wrong precinct, the board of deputy state supervisors, 
during each election day, may issue to such elector a certifi¬ 
cate, showing such fact, and such certificate, when presented 
by such elector to the proper registrars and judges, shall 
entitle him to vote in his proper precinct. Such mistake 
shall be noted on the register. When any such certificate 
is issued, the board shall immediately notify the registrars 
and judges of elections of the precinct where such elector 
was so improperly registered of the issuing of the certifi¬ 
cate, whereupon such erroneous registry shall be cancelled 
by them and a proper note thereof made in the column for 
“remarks”. (R. S. Sec. 29269.) 

Section 4937. After having set down the number of 
votes for each person, certified and signed it in the poll 
books and tally sheets in the manner prescribed by law, the 
judges of elections shall put under cover one of the poll 
books and tally sheets, seal it and direct it to the clerk of the 
court of common pleas. The other poll book and tally sheet 
shall be sealed in like manner and directed to the board of 
deputy state supervisors. Before separating, they shall 
designate two of their number as messengers, by lot, if they 
can not agree, one of whom shall personally and within 


Chap. 5 


REGISTRATION OF ELECTORS. 


77 


twenty hours from the close of the polls deliver to the clerk 
of the court of common pleas the poll book and tally sheets 
so addressed to such clerk, and the other shall personally 
and within twenty hours deliver the other poll book and 
tally sheet to the board of deputy state supervisors at its 
office.. (103 V. 846.) 

Note: — No express provision is made for the preservation 
of these returns for any definite time, but the clerk should retain 
such returns in a suitable place for a reasonable period after each 
election. It would be well for the clerk to retain them for at 
least one year. 

Section 4938. The chairman of the precinct board of 
elections shall safely return the registers, the duplicate lists 
made therefrom, the ballot boxes and keys thereto and all 
papers or affidavits acompanying them to the board of 
deputy state supervisors or the clerk at the office of the 
board within twenty hours. The judges and clerks of 
elections shall not adjourn, disperse or cease from proceed¬ 
ing as hereinbefore required until all such requirements 
have been actually executed and completed in the manner 
and form prscribed by law. (R. S. Sec. 2926^) 

Section 4939. On demand of any candidate, the board 
of deputy state supervisors shall compare the returns re¬ 
ceived by the county clerk from the precincts in such city 
with the certified statement sent by the judges of election 
to the board of deputy state supervisors. If found to dis¬ 
agree, the number certified in the statement last mentioned 
shall be taken as correct and counted, unless proof of 
their returns received by the county clerk, satisfactory to 
the board, shall be made by the judges, clerks and witnesses 
of the counting. For the purpose of adjusting such dis¬ 
crepancy and determining the true result of the election, 
such board shall summon witnesses and examine them 
under oath as to the proceedings and proclamations at 
such election in any precinct, and it may view and consider 
as part of the record the poll books and tally sheets, regis¬ 
ters and duplicate lists made therefrom, and deposited, as 
herein provided. Such inquiry shall be limited exclusively 
to determining which shall be adopted as proof of the true 
vote at the close of the polls in a precinct: the returns as 
received by the county clerk, or the certified statement as 
received by the board of deputy state supervisors. (R. S. 
Sec. 2926s.) 

Section 4940. The provisions of this chapter relating 
to registration shall apply to women upon whom the right 
to vote for member of the board of education is conferred 
by law, but the names of such women may be placed on a 
separate list. (97 v. 254 § 3.) 

Note: — As to constitutionality of act conferring upon womert 
the right to vote and be voted for at any school election, etc., 
see State ex rel. v. Board of Elections, 9 C. C. 134, affirmed in 54 
O. S. 631. 


Return of 
registers and 
completion of 
work. 


Discrepancy 
between re¬ 
turns to clerk 
and those re¬ 
ceived by 
board. 


Registration 
of women. 


78 


REGISTRATION OF ELECTORS. 


Chap. 5 


Special 

elections. 


Registration 
in such 
elections. 


Certificates of 
cancellation. 


Affidavits of 
sick and dis¬ 
abled electors. 


Hours for 
registration 
by board. 


Additions and 
changes in 
register. 


Organization 
of board 
of judges. 


SPECIAL ELECTIONS. 

Section 4941. The provisions of the preceding sec¬ 
tions of this chapter shall extend to any special election 
authorized by law to be held in a registration city, as 
follows: 

1. There shall be no general registration, as provided 
in such perceding sections, but on Friday and Saturday in 
the second week before any such special election, the regis¬ 
trars of each precinct shall obtain the last registers made 
by them from the board of deputy state supervisors, and 
attend at the place in such precinct appointed for the regis¬ 
tration of electors, between the hours directed for the 
purpose, and receive applications for registration by such 
qualified electors residing therein as are not already regis¬ 
tered. If qualified, they shall enter them in the registers, 
subject to the rules and conditions prescribed as to general 
registration. 

2. The registrars shall deliver certificates of can¬ 
cellation to any registered elector who is not the head of a 
family and who may apply to them to cancel his registration 
on acount of his removal from the precinct in which he was 
registered to another precinct, and they shall receive such 
certificate from any elector presenting it, and allow him to 
register, if he be otherwise qualified, in the precinct to 
which he has removed, if on the day of election he will have 
been an actual resident in such ward for twenty days imme¬ 
diately preceding such election. 

3. The registrars shall receive affidavits of sick and 
disabled electors, as required in such preceding sections, and 
on such days and at their meeting on the evening preceding 
such election, which shall be held between the hours of five 
and seven o’clock afternoon, they shall also perform the 
same duties prescribed in such sections. 

4. During the week previous to such election, the 
board of deputy state supervisors may issue orders for 
registration, which orders, if presented at the meeting for 
organization, held the evening before such election, shall 
be received by the registrars and be disposed of as required 
in such preceding sections. 

5. Any additions or changes then entered by them 
in their registers shall also be made in the duplicate list 
of voters, which, after being carefully compared with the 
registers and with each other, shall be produced by them, 
together with the registers of such percincts at the opening 
of the polls on the day of election, and then used, applied 
and disposed of by the judges in all respects as directed 
in such preceding sections. 

6. At seven o’clock afternoon, preceding any such 
special election, the registrars for each precinct and the 
other two judges of election shall meet at the polling place 
therein appointed for .such election, and then and there shall 
organize as a board of judges and perform the other duties 


Cliap. 5 


REGISTRATION OF ELECTORS. 


79 


prescribed in such preceding sections and in the manner 
therein directed. 

7. The poll book required by such preceding sections 
to be delivered by the judges of election to the clerk of the 
court of common pleas shall be addressed and delivered 
by them to the auditor of such city. 

8. The board of canvassers of elections in each such 
city shall be composed of the board of deputy state super¬ 
visors and the city auditor of such city. Within four days 
after such special election, the “board of convassers” shall 
meet at the office of the board of deputy state supervisors 
in such city at ten o’clock forenoon at the call of the chief 
deputy state supervisor and organize by electing a chair¬ 
man and secretary. The returns received by the city audi¬ 
tor shall then be produced by him and opened and can¬ 
vassed by the board of canvassers, as prescribed in such 
preceding sections, and by law. 

9. If the board of deputy state supervisors is of 
the opinion that it is unnecessary to require the registrars of 
each precinct to attend in each precinct for the registration 
of voters for a special election, such board may make such 
other reasonable provisions for transfers and the registra¬ 
tion of voters at such election as it deems proper. 

10. When a new ward has been created, or the boun¬ 
daries of any ward or the precincts thereof have been 
changed after the general registration and before any such 
special election following, the board of deputy state super¬ 
visors shall appoint election officers, rearrange the voting 
precincts, provide for registration of electors not already 
registered, make new registers, certify the registration of 
registered electors whose voting precinct has been changed, 
and make all necessary arrangements and regulations for 
holding elections in such new or altered wards and precincts. 
The right of any registered elector to vote shall not be 
prejudiced by any error in making out the certified lists of 
registered voters. (R. S. Sec. 2926V.) 

Note : — For a special election, such as a bond issue, an op¬ 
portunity should be given all persons to register but it is not 
necessary to open all the booths or to call out all registration 
officers, and public notice should be given when everybody should 
be given an opportunity to register or transfer. 

The action of the board of elections as to the registration of 
voters in cities where the number and boundaries of the wards are 
changed under the new municipal code, is controlled by Sec. 2926 z;- 5 , 
Rev. Stat., which provides that whenever any new ward has been 
created or the boundaries of any ward changed after the general 
registration and before the April election following, the board of 
elections shall provide for the registration of electors not already 
registered, make new registers, and certify the registration of elec¬ 
tors whose voting precinct has been changed, and the board of 
election of a city in such case must follow the course prescribed in 
said section, and is without authority to hold a general registration 
prior to the April election, and the expenditure of public funds for 
such a purpose is a misapplication of the funds of the corporation 
within the meaning of Sec. 1777 Revised Statutes, and will be 
enjoined. 

Columbus V. City Board of Elections, 13 O. D. 452 . 


Poll books; 
how addressed 
and delivered. 


Duties of 
board of 
canvassers. 


Board may 
make other 
reasonable 
regulations 
for registra¬ 
tion. 


New or al¬ 
tered wards 
or precincts. 


8o 


REGISTRATION OF ELECTORS. 


Chap. 5 


The Brannock Law is not rendered invalid by reason of the 
possibility that certain persons may be disfranchised at an election 
thereunder by reason of the construction which may be given to 
Sec. 2926 z/ of the election law. Courts will presume that the true 
construction of ‘the statute will be adopted and the elections so 
conducted as to give every elector an opportunity to register and 
vote. 

Jeffrey, Mayor, v. State Ex rel. Butler, 4 C. C. (N. S.) 494 . 

An elector who registers prior to the November election in 
the precinct where he then resides is a registered elector in any 
new or altered precinct which the board of elections may establish, 
and within the boundaries of which his residence falls. 

Columbus v. City Board of Elections, 13 O. D. 452 . 

Where a special election is held under the Brannock law 
within a registration city, only the registrars of the precincts within 
the local option district should attend for the special registration 
under this section. The board of deputy supervisors should make 
arrangements and give proper notice to the electors of other pre¬ 
cincts so that the board may issue transfers to persons who have 
removed from precincts outside the resident district to precincts 
within the resident district. . It is not necessary for the registrars 
to attend to all of the precncts of the city. 

Under paragraph 5 of this section, the board has authority, 
where the boundaries of any precinct have been changed after 
the general registration, to provide for the registration of electors 
not already registered and make new registers and certify the 
registration of registered electors whose voting precinct has been 
changed, and make all necessary arrangements and regulations for 
holding elections in such new or altered wards and precincts. 

Where a special election is held in a registration city, the 
registrations provided for in this section should be provided by the 
board of deputy state supervisors. 

Where a special election is held in a registration city for the 
purpose of submitting the question of the issue of bonds to a 
vote of the people, special registration must be conducted as pro¬ 
vided in this section of the registration law. 


REGISTRATION EXPENSES. 


Compensation 
of deputy state 
supervisors 
and clerks 
in cities. 


Section 4942. In addition to the compensation pro¬ 
vided in section forty-eight hundred and twenty-two, each 
deputy state supervisor of elections in counties containing 
cities in 'which registration is required shall receive for his 
services the sum of five dollars for each election precinct 
in such city, and the clerk in such counties, in addition to his 
compensation so provided, shall receive for his services the 
sum of six dollars for each election precinct in such cities. 
The compensation so allowed such officers during any year 
shall be determined by the number of precincts in such city 
at the November election of the next preceding year. The 
compensation paid to each such deputy state supervisor 
under this section shall in no case be less than one hundred 
dollars each year and the compensation paid to the clerk 
under this section shall in no case be less than one hundred 
twenty-five dollars each year. The additional compensation 
provided by this section shall be paid monthly from the 
city treasury on warrants drawn by the city auditor upon 
vouchers signed by the chief deputy and clerk of the board. 
(R. S. Sec. 2926t.) 



Chap. 5 


REGISTRATION OF ELECTORS. 


8 l 


Section 4943. In such counties containing registra¬ 
tion cities, the whole amount of annual compensation paid 
to each deputy state supervisor and clerk under the pre¬ 
ceding section and under section forty-eight hundred and 
twenty-two, shall not exceed in any year the following: 

In counties containing cities having a population of 
three hundred thousand or more, as ascertained in the 
manner hereinbefore provided, each deputy state supervisor, 
eighteen hundred dollars and the clerk twenty-five hundred 
dollars; 

In counties containing cities having a population of 
seventy-five thousand and less than three hundred thousand, 
each deputy state supervisor, fifteen hundred dollars and 
the clerk, two thousand dollars; 

In counties containing cities having a population of 
fifty thousand and less than seventy-five thousand, each 
deputy state supervisor, seven hundred fifty dollars and 
the clerk, nine hundred dollars; 

In counties containing cities having a population of 
twenty-five thousand and less than fifty thousand, each 
deputy state supervisor, six hundred fifty dollars, and the 
clerk, eight hundred fifty dollars; 

In all other counties containing such registration c’'" 
each deputy state supervisor, three hundred dollars, and 
the clerk four hundred dollars. (R. S. Sec. 2926t.) 

Section 4944. The registrars of each election precinct 
in such cities shall be allowed and paid for their services as 
registrars four dollars per day and no more for not more 
than six days at any one election. In registration cities 
having a population of three hundred thousand or more by 
the last preceding federal census, the judges of election, 
including the registrars as judges and the clerks of elec¬ 
tion, shall each be allowed and paid ten dollars for each 
general election and five dollars for each special election, 
at which they serve and no more, either from the city or 
county. In all other registration cities, the judges of elec¬ 
tion, including the registrars as judges and clerks of elec¬ 
tion, shall each be allowed and paid five dollars for each 
election at which they serve and no more, either from the 
city or county. No registrar, judge or clerk shall be en¬ 
titled to the compensation so fixed except upon the allow¬ 
ance and order of the board of deputy state supervisors 
made at a joint session, certifying that each has fully per¬ 
formed his duty according to law as such, and stating the 
number of days’ service actually performed by each. Such 
allowance and order shall be certified by the chief deputy 
and clerk of the board to the city or county auditor. (loi 
V- 344-) 

Section 4945. For November elections held in even- 
numbered years, the county in which such city is located 
shall pay the general expenses of such election other than 
the expenses of registration. Such allowance and order 
of the board for such expenses and compensation to such 

6 E. L. 


Maximum 
compensation 
of deputy 
state super¬ 
visors and 
clerks. 


Compensation 
of judges 
and clerks. 


Certificate of 
board. 


Expenses 
other than 
registration^ 
must be paid 
by county. 


82 


REGISTRATION OF ELECTORS. 


Chap. 5 


Registration 
expenses; how 
paid. 


Council of 
other cities 
and villages 
may provide 
for registra¬ 
tion. 


judges and clerks of elections shall be certified by the chief 
deputy and clerk to the auditor of such county, who shall 
issue his warrants upon the county treasury for the amounts 
so certified. (R. S. Sec. 2926t.) 

Section 4946. The additional compensation of mem¬ 
bers of the board pf deputy state supervisors and of its 
clerk in such city hereinbefore specified, the lawful com¬ 
pensation of all registrars of electors in such city, the 
necessary cost of the registers, books, blanks, forms, sta¬ 
tionery and supplies provided by the board for the purposes 
herein authorized, including poll books for special elections, 
and the cost of the rent, furnishing and supplies for rooms 
hired by the board for its offices and as places for registra¬ 
tion of electors and the holding of elections in such city 
shall be paid by such city from its general fund. Such 
expense shall be paid by the treasurer of such city upon 
vouchers of the board, certified by its chief deputy and 
clerk and the warrant of the city auditor. Each such 
voucher shall specify the actual services rendered, the items 
of supplies furnished and the price of rates charged in 
detail. (103 v. 545.) 

REGISTRATION UPON ACTION OF COUNCIL. 

Section 4947. The council of any city or village in 
which registration is not now required by law may provide 
for a general registration of electors in the several wards 
or precincts thereof in the manner and at all times and 
on the days provided by law for registration in cities which 
have quadrennial registration. When the council so pro¬ 
vides, no person shall have acquired a legal residence in 
any ward or election precinct in such city or village for 
the purpose of voting therein at any general or special 
election, nor shall he be permitted to vote at any election 
therein unless he shall have caused himself to be registered 
as an elector in such ward or precinct in the manner and at 
the time required by law in cities which have quadrennial 
registration. (98 v. 270 §1.) 

Note: — The compensation of judges and clerks in cities 
which have provided for registration is governed by section 4944, 
the latter not being made applicable to villages. Atty. Gen. 11-18-08. 

In cities having population in excess of 11,800, the council 
has no authority relating to registration. Atty. Gen. 8-4-09. 

Although a village possess an ordinance for registration, such 
registration can not be had for the first time until the presidential 
year. 




CHAPTER 6. 

PRIMARY ELECTIONS. 


Section 

4948. How certain words and phrases con¬ 

strued. 

4949. How candidates for public offices shall 

be nominated. 

4950. Provisions for nomination of candi¬ 

dates by petition not repealed. 

4951. These provisions shall not apply to 

elective officers of townships and 
municipalities having a population 
less than 2,000; exception. 

4952. Candidates for state offices, United 

States senator and congressman at 
large nominated by direct vote; filing 
declaration of candidacy and certifi¬ 
cate of electors. 

4952-1. Candidates for district offices shall be 
nominated by direct vote; how per¬ 
son may become a candidate; chief 
deputy state supervisor shall certify 
all nominations to boards of deputy 
state supervisors; certifying results 
of primary election and nominations 
to most populous county. 

4953. Nomination of candidates for presi 

dential elector by delegate state con¬ 
vention; time of holding convention 
and apportionment of delegates; 
party platform. 

4954. Election of delegates and alternates to 

national convention shall be by di¬ 
rect vote; statement of candidate as 
to choice for president; name of first 
and second choice shall appear on 
ballot. 

4955. Presidential preference prirnary; nom¬ 

ination papers for candidates how 
and when filed; names of candidates 
certified by state supervisor to boards 
of deputy state supervisors; separate 
tickets; form of ticket; canvass of 
returns by state supervisor. 

4956. When nominations certified to boards 

of deputy state supervisors. 

4959. Controlling committees elected by di¬ 

rect vote. 

4960. State central committee; district com¬ 

mittee; county central committee; 
committeemen chosen by direct vote; 
candidates may be nominated by pe¬ 
tition; when members of county cen¬ 
tral committee shall act as district 
committee. 

4961. Time for organization of committees. 

4962. Term of service; vacancies. 


Section 


4963. 


4964. 


Time of holding primaries for state, 
district and county candidates; time 
of holding primaries for township 
and municipal candidates; nomination 
of U. S. senator. 

How primary for special election 


• ow primary 
called. 


4967. Powers and duties of boards of,deputy 
state supervisors. 

4969. Nominations for offices not heretofore 

provided for; declaration of candi¬ 
dacy. 

4969- 1. Nomination of candidates where dis¬ 

trict situated in more than one 
county; returns in such cases. 

4970. What names to be printed on ballot; 

form of declaration of candidacy; 
form of certificate of electors. 

4970- 1. Fee required and where^ paid. 

4971. Form prescribed rnust be used. 

4972. Number of nomination papers each 

signer may sign. 

4973. Declaration—what it shall contain. 

4974. How protests shall be made; papers 

shall not be rejected for technical 
defects. 

4975. Provisions as to registration. 

4976. Separate tickets. 

4977. Election, how conducted. 

4978. Challengers and witnesses. 

4979. Unlawful to exhibit ticket within one 

hundred feet. 

4980. Who may vote; causes of challenge. 

4981. Oath. 

4982. Vote rejected, when. 

4983. Canvass of vote. 

4984. Canvass of vote and certifying result 

by deputy state supervisors. 

4984-1. Per cent of ballots written on required 
to nominate at primary where no 
nominating petition is filed. 

4985. Names of nominees must be placed 

upon ballot. 

4986. Certificates of election to delegates and 

alternates. 

4987. Certificates of election to members of 

committee; list of committeemen filed 
in office of state supervisor. 

4988. How results determined in case of tie 


vote. 

4989. Vacancies, how filled. _ 

4990. Compensation of election officers. 

4991. Expenses, how apportioned and paid. 
4991-1. Party platform, when and by whom 

framed. 


Section 4948. Unless inconsistent with the context, 
the words and phrases in this chapter shall be construed 
as follows: 

The word “primary”, the primary election provided 
for in this chapter, to nominate candidates to be voted for 
at the ensuing election. 

The words “November election”, the election held on 
the first Tuesday after the first Monday in November, in 
any year. 

The words “general election”, the November election 
in the years when state and county officers are to be elected. 

83 


How certain 
words and 
phrases 
construed. 



84 


PRIMARY ELECTIONS. 


Chap. 6 


How candi¬ 
dates for pub¬ 
lic offices shall 
be nominated. 


Provisions for 
nomination of 
candidates by 
petition not 
repealed. 


These provi¬ 
sions shall not 
apply to elec¬ 
tive offices of 
townships r 
municipalities 
having a pop¬ 
ulation less 
than 2,000, 


The word “precinct”, a district established by author¬ 
ity of law within which all qualified electors vote at one 
polling place. 

The word “district”, any election distrtict, circuit or 
other subdivision of the state comprising more than one 
county or part of county within which an officer or officers 
are to be elected. (99 v. 214 § i.) 

Note: — The nomination of party candidates for public office 
concerns the public welfare and the legislature in the exercise of 
the police power may make reasonable regulations therefor. State 
ex rel. Webber v. Felton, 77 O. S. 554, 

Sec. 4949. Candidates for member of the senate and 
house of representatives in the congress of the United 
States and for all elective state, district, county and mu¬ 
nicipal offices, delegates and alternates to national and state 
conventions and members of the controlling committees of 
all voluntary political parties or associations in this state 
which at the next preceding general election polled for its 
candidate for governor in the state or any district, county 
or subdivision thereof, or municipality, at least ten per cent 
of the entire vote cast therein for governor, shall be nomi¬ 
nated or selected in such state, district, subdivision or mu¬ 
nicipality, in accordance with the provisions of this chapter, 
and persons not so nominated shall not be considered can¬ 
didates and their names shall not be printed on the official 
ballots, nor shall delegates or alternates to such conventions, 
or party controlling committees whose members have not 
been so selected, be recognized by any board or officer. 
(104 V. 9.) 

Note: — All political parties in any political division named 
in this section, which, at the last general election cast ten per cent, 
or more of the entire vote in that political division must make their 
nominations according to this primary election law, Atty. Gen. 
3-24-1909. 

The primary election law contains no provision for notice to 
be given to electors, either of the holding of county primaries, or 
of primaries to nominate candidates for township or municipal 
officers or members of the school board. Atty. Gen. 7-26-1909. 

If n any political division a political party has cast more than 
ten per cent, of the votes cast m such subdivision then its nomina¬ 
tions within and for such subdivision must be made under the pro- 
vsions of the compulsory primary law. The duty of a political 
party under said primary law is determined by its vote in the 
political subdivision. Atty. Gen. 4-28-1910. 

Section 4950. Nothing in this chapter shall repeal 
the provisions of law relating to the nomination of candi¬ 
dates for office by petition, and no elector shall be disquali¬ 
fied from signing a petition for such nomination of candi¬ 
dates for office by petition, because such elector voted at a 
primary provided for herein to nominate candidates to be 
voted for at the same election or because such elector signed 
nomination papers for such primary. (103 v. 476.) 

Section 4951. The provisions of this chapter shall 
not etxend nor be applicable to the nomination of candidates 
for township offices or for the elective offices of any munici¬ 
pality which has less than two thousand population as 
ascertained by the federal census next preceding such nomi- 



Chap. 6 


PRIMARY ELECTIONS. 


85 


nations unless the voters of such township or municipality 
shall so petition the board of deputy state supervisors of 
elections, which petition shall be filed at least ninety days 
before the regular date for holding the primary to nomi¬ 
nate the officers mentioned in this section and shall be 
signed by qualified electors of such township or municipality 
equalling in number at least a majority of votes cast in 
such township or municipality at the last general election 
therein. In the event that such petition is filed then all 
nominations of party candidates in such township or mu¬ 
nicipality shall be made as in this chapter provided. (103 
V. 476.) 

Primary elections may not be held for the nomination of 
township officers unless petitioned for by a majority of electors 
of such township. Atty. Gen. 4-30-15. 

Sec. 4952. Candidates for state offices, United States 
senator and congressman-at-large shall be nominated by 
direct vote of the people in the manner following: Each 
person so desiring to become a candidate for an office above 
enumerated shall not less than sixty days before the date 
of the primary election at which such nominations are to 
be made, file with the state supervisor of elections a declara¬ 
tion of candidacy signed and acknowledged and certified 
to by a certificate of five electors of the state who are mem¬ 
bers of the political party to which such candidate belongs, 
and shall pay to such state supervisor the proper fee. (106 
V- 542.) 

Sec. 4952-1. Candidates for district offices where such 
district includes more than one county, which shall include 
all candidates for member of the house of representatives 
in the congress of the United States, other than congress¬ 
man-at-large, shall be nominated by the direct vote of the 
people in the manner following: Each person desiring to 
become a candidate for election to such office in this state 
shall not less than sixty days before the date of the primary 
election fixed by law to be held in the even numbered years, 
file with the clerk of the board of deputy state supervisors 
of elections of the county in which such candidate resides, 
a declaration of candidacy signed and acknowledged and 
certified to by a certificate of five electors of the district 
who are members of the political partty to which such can¬ 
didate belongs, and shall pay the clerk the proper fee. 
Whereupon, except where such candidate resides i n the 
most populous county in the district, such clerk shall cer¬ 
tify the declaration of candidacy and certificate to the clerk 
of the board of deputy state supervisors of eletcions of the 
most populous county of the district, and cover the fee so 
paid into the county treasury of the county in which such 
candidate resides. Not less than forty days before such 
primary said clerk shall certify all nominations so certified 
to him or filed in his office, to the boards of deputy state 
supervisors of each county in such district who shall enter 
the names so certified on the proper ballots to be used at 


Exception. 


Candidates 
for state of¬ 
fices, U. S. 
senator and 
congresman- 
at-large nom¬ 
inated by 
direct vote. 

Declaration 
of candidacy; 
contents; 
time of 
filing; fee. 


Candidates 
for district 
offices nom¬ 
inated by 
direct vote. 


Declaration 
of candidacy; 
contents; 
time and 

? lace of filing; 
ee. 


rime of cer¬ 
tifying nom¬ 
inations. 


86 


PRIMARY ELECTIONS. 


Chap. 6 


Certifying re¬ 
sults of 
primary elec¬ 
tion to most 
populous 
county. 


Time of cer¬ 
tifying i.om- 
inations by 
board of most 
populous 
county. 


Nomination of 
candidates 
for presiden¬ 
tial elector by 
delegate state 
convention. 

Time of hold¬ 
ing conven¬ 
tion and ap¬ 
portionment 
of delegates. 


Party plat¬ 
form. 

Election of 
delegates and 
alternates to 
national con¬ 
vention. 


Declaration of 
candidacy and 
certificate; 
statement in 
writing as to 
choice of pres¬ 
idential can¬ 
didates. 


Name of first 
and second 
choice shall 
appear on 
ballot. 


the primary. Such boards of deputy state supervisors shall 
certify the results of the primary election on such candi¬ 
dates to the board of deputy state supervisors of elections 
of such most populous county in the manner provided 
under the general election laws, which board shall ascer¬ 
tain and declare the results and shall, not less than forty 
days before the November election, certify all such nomina¬ 
tions so made to the boards of deputy state supervisors of 
the counties comprising the district who shall cause the 
same to be printed on the proper tickets as provided by 
law. (io6v. 542.) 

Section 4953. Candidates for presidential elector 
shall be nominated by delegate state conventions, the dele¬ 
gates to which shall be chosen at a primary election which 
shall be held on the last Tuesday in April, 1916, and simi¬ 
larly every fourth year thereafter. The state committee of 
each political party shall determine the time and place for 
holding the state convention of such party and shall appor¬ 
tion the delegates and alternates throughout the state in 
proportion to its party vote for governor cast in the several 
counties at the last preceding general election. Each state 
committee shall also by resolution determine the ratio of 
representation in such state convention. In addition to nom¬ 
inating candidates for presidential elector such state con¬ 
vention shall formulate the state party platform for that 
year. (103 v. 478.) ^ . 

Sec. 4954. At the primary election which shall be 
held on the last Tuesday in April in the year 1916, and 
similarly in every fourth year thereafter, delegates and al- 
ternates-at-large to the national conventions of the different 
political parties shall be chosen by direct vote of the elec¬ 
tors in the manner prescribed in this chapter for the nom¬ 
ination of candidates for state offices, and candidates for 
election as delegates and alternates to such conventions 
from districts within the state shall be chosen by direct 
vote of the electors in the manner prescribed in this chapter 
for the nomination of candidates for district offices. Each 
person seeking to be elected as delegate or alternate to such 
national convention shall file with his declaration of can¬ 
didacy and certificate, a statement in writing signed by 
him in which he shall state his first and second choice lor 
nomination as candidate of his party for the presidency 
of the United States and the state supervisor of elections 
shall not permit any declaration of candidacy and cer¬ 
tificate of a candidate for election as such delegate or alter¬ 
nate to be filed unless accompanied bv such statement in 
writing; providing always, however, that the name of no 
candidate for the presidency shall be so used without his 
written consent. The name of such first and second choice 
for nomination as candidate for the presidency of each 
candidate for election as such delegate or alternate shall 
'^e printed and appear on the primary ballots immediately 
below the name of such candidate in such a way as to 
clearly disclose the preference of each candidate. Each 


Chap. 6 


PRIMARY ELECTIONS. 


87 


candidate for election as such delegate or alternate may 
also file along with his declaration of candidacy and cer¬ 
tificate a statement in writing signed by him in the follow¬ 
ing form: 

Statement of candidate for election 
(alternate) 

as (delegate) to the (here insert name of political party) 
national convention. 

I hereby declare to the voters of my political party in 

(alternate) 

the state of Ohio that, if elected as (delegate) to their na¬ 
tional party convention, I shall, to the best of my judg¬ 
ment and ability, support that candidate for president of 
the United States who shall have been selected at this 
primary by the voters of my party in the manner provided 
in this chapter as their candidate for such office. 


(alternate) 

For signature of candidate for (delegate) 

(106 V. 543.) 

Sec. 4955. At a primary election which shall be held 
on the last Tuesday in April in the year 1916 and similarly 
in every fourth year thereafter the qualified voters of the 
several political parties shall be given an opportunity, on 
separate party ballots provided for that purpose and apart 
from those for other offices, to express their preference as 
to the nominees for their respective parties for president and 
vice-president of the United States in the following man¬ 
ner: Nomination papers for each candidate for nomina¬ 
tion for president or vice-president may be filed in the same 
manner as for candidates for a state office, except that any 
such candidate may designate any duly qualified elector 
of the state who is a member of the same political party, 
as his representative, who may sign the declaration herein 
provided for, in which case such candidate for nomination 
as president or vice-president shall not be required to sign 
or file any petition, affidavit, declaration, statement or paper 
of any kind to get his name upon the ballot at such primary. 
Any candidate for nomination for the office of president or 
vice-president, may on or before the forty-fifth day before 
the date of such primary, withdraw his name as a candi¬ 
date for such office and notify the state supervisor of elec¬ 
tions that he is not a candidate for such nomination and 
that he does not wish his name to be printed upon the ballot 
for such election, in which event said state supervisor shall 
not cause nor permit such name to be or appear on such 
ballot. Not less than forty days before the primary the 
state supervisor of elections shall certify the names of all 
candidates for such nominations which have been duly pre¬ 
sented and not withdrawn, to the boards of deputy state 
supervisors of the several counties in the state who shall 
enter such names on a separate ballot from that containing 


Form of state¬ 
ment of can¬ 
didate. 


Presidential 

preference 

primary. 


Nomination 
papers, how 
and when 
filed. 


Declaration of 
candidacy. 


Withdrawal of 
name as can¬ 
didate. 


Names of 
candidates 
shall be cer¬ 
tified to dep¬ 
uty state 
supervisors. 



88 


PRIMARY ELECTIONS. 


Chap. 6 


Separate 
tickets for 
each political 
party; form 
of ballot. 


Result of vote 
certified to 
state super¬ 
visor. 


Nominations 
certified to 
deputy state 
supervisors. 


When nom¬ 
inations cer¬ 
tified to 
boards of 
deputy state 
supervisors. 


Controlling 
committees 
elected by 
direct vote, 


State central 
committee— 
one member 
from each 
congressional 
district. 

District com¬ 
mittee—the 
chairman of 
each of the 
several county 
central com¬ 
mittees. 

County central 
committee— 
one member 
from each 

f recinct, or 
rom each 
ward and 
township. 
Committee¬ 
men shall be 
chosen by 
direct vote. 
How candi¬ 
dates shall be 
nominated. 


the names of candidates for other nominations. Separate 
tickets shall be provided for each political party on which 
the names of the candidate of such party shall be printed. 
Such tickets shall conform, as nearly as practicable, to the 
form of the ballot provided in this title for the nomina¬ 
tion of candidates for state offices. At the head of each 
ticket there shall be printed the words “Presidential Prefer¬ 
ence Ticket.” The ballots voted at such election shall be 
deposited in separate ballot boxes and shall be counted and 
the result of the vote thereon certified by the boards of 
deputy state supervisors of elections of the several counties 
of the state to the state supervisor of elections in the man¬ 
ner provided for certifying the returns of the vote at such 
primary for candidates for the nomination as state officers. 
Such state supervisor shall canvass these returns in the 
manner provided by law for canvassing the returns in the 
case of candidates for nomination as state officers and shall 
forthwith certify the results of such canvass as regards 
the candidates for nomination in each political party to 
the persons chosen as delegates or alternates to the national 
convention of such party. (io6 v. 545-) 

Section 4956. Not less than forty days before the 
date of any primary election the state supervisor of elections 
shall certify to the several proper boards of deputy state 
supervisors the nominations filed with him together with 
forms of official ballots for the use of each board and such 
boards shall cause all such nominations to be entered on the 
proper primary ballots in their respective counties. (103 
V. 480.) 

Section 4959. All members of controlling committees 
of political parties shall be elected, by direct vote, except 
as otherwise provided herein. Their names shall be placed 
upon the official ballot as hereinafter provided. The per¬ 
son receiving the highest number of votes for committee¬ 
man shall be the rnember of such controlling committee. 
(103 V. 480.) 

Sec. 4960. The controlling committees of each volun¬ 
tary political party or organization shall be a state cen¬ 
tral committee, consisting of one member from each con¬ 
gressional district in the state; a district committee for 
each district in the state, including congressional districts, 
which shall consist of the chairman of the county central 
committees of the several counties composing such district; 
a county central committee, consisting of one member from 
each precinct in the county, or of one member from each 
ward and township in the county as the outgoing commit¬ 
tee may determine, and the members of the central commit¬ 
tee chosen from a city shall constitute a city committee. All 
of the members of such committee shall be chosen by direct 
vote at the'primary held in the even numbered years. Can¬ 
didates for election as state central committeemen may be 
nominated in the same manner as is herein provided for 
the nomination at primaries of candidates for district offices 
and candidates for election as members of the county cen- 


Chap. 6 


PRIMARY ELECTIONS. 


89 


tral committee may be nominated in the manner provided 
in section 4969 of the General Code. Existing state, dis¬ 
trict, county and city committees shall continue to act and 
be recognized as such, until their successors are chosen as 
herein provided. Where a judicial subdivision or district 
or congressional district is included within a county, the 
members of the county central commttee who are residents 
of such district shall also act as the judicial or congressional 
committee. (106 v. 544.) 

Section 4961. Within fifteen days after their selec¬ 
tion all such state and county central committees shall meet 
and organize by the election of a chairman and secretary, 
and shall elect an executive committee. (103 v. 480.) 

Section 4962. All party controlling committees, the 
selection of which is herein provided for, shall serve for 
two years and until their successors are selected. In case 
of vacancies caused by death, resignation or removal from 
the territory from which the committeeman was chosen, 
the committee of which he was a member shall fill the 
vacancy by majority vote. (99 v. 217 § 10.) 

Sec. 4963. Primaries under tis chapter to nominate 
candidates for member of the house of representatives in 
the congress of the United States, and for all elective state, 
district and county offices, and to select committeemen, 
shall be held in each county at the usual polling places on 
the second Tuesday in August of the even numbered years ; 
and primaries under this chapter to nominate candidates 
for township and municipal offices, justices of the peace 
and members of boards of education, shall be held in each 
county at the usual polling places on the second Tuesday in 
August of the odd numbered years. Primaries to nominate 
candidates for United States senator shall be held on the 
second Tuesday in August of the years in which such sen¬ 
ators are to be elected. (104 v. 9.) 

Sec. 4964. When a call is issued for a special election, 
the date of the primary shall be fixed at the same time and 
in the same manner by the authority calling such special 
election, which primary, shall be held at least two weeks 
prior to the time fixed for such special election. Declara¬ 
tion of candidacy and certificates for such primary shall 
be filed and fees shall be paid at least ten days before the 
date for holding the same and such election shall be called 
so as to allow at,least five days for preparing and filing 
such nomination papers. (106 v. 544-) 

Section 4967. County boards of deputy state super¬ 
visors of elections shall have all the powers granted and 
perform all the duties imposed by the laws governing gen¬ 
eral elections, including furnishing materials and supplies, 
printing and distributing ballots, providing voting places, 
protecting electors, guarding the secrecy of the ballot, and 
making rules and regulations not inconsistent with law, for 
the guidance of election officers. All statutory provisions 


When county 
central com¬ 
mittee shall 
act as district 
committee. 


Time for 
organization 
of com¬ 
mittees. 


Term of ser¬ 
vice; va¬ 
cancies. 


Time of hold¬ 
ing primaries 
for state, dis¬ 
trict and 
county can¬ 
didates. 


Time of hold¬ 
ing primaries 
for township 
and municipal 
candidates. 


Nomination 
of U. S. 
senator. 


How primary 
fixed for 
special elec¬ 
tion. 


Declaration of 
candidacy; 
date of 
filing; fee. 


Powers and 
duties of 
boards of dep¬ 
uty state 
supervisors. 


90 


PRIMARY ELECTIONS. 


Chap. 6 


Nominations 
for offices not 
heretofore 
provided for. 

Declaration of 
candidacy; 
date of filing; 
fee. 


Nominations 
where district 
situated in 
more than one 
county. 

Declaration of 
candidacy; 
time and place 
of filing; 
fee and 
where paid. 


Canvassing 
returns and 
certifying re¬ 
sults in such 
cases. 


What names 
shall be 
printed on the 
ballot. 


relating to general eletcions, including the requirement that 
part of such election day shall be a legal holiday, shall, 
so far as applicable, apply to and govern primary elections. 
(103 V. 481.) 

Sec. 4969. All nominations for offices or places on the 
primary ballot other than those heretofore provided for 
shall be made by the payment of the proper fees and by the 
filing of declarations of candidacy and certificates, which 
shall be filed with the board of deputy state supervisors at 
least sixty days before the day for holding the primary 
election. Such declarations of candidacy shall be signed 
and acknowledged by the person desiring to become a can¬ 
didate and shall be accompanied by the certificate of five 
electors of the county, municipality, precinct, ward or other 
political subdivision for which such nomination is to be 
made and shall be in the form hereinafter provided. Where 
the term ‘'nomination paper” or “nominating petition” 
is used in this chapter it shall be held to include “declara¬ 
tion of candidacy” and any other paper required by law 
to be filed by a person seeking to become a candidate at a 
primary election. (106 v. 545.) 

Sec. 4969-1. In case of declarations of candidacy for 
candidates for public office in a municipality or school dis¬ 
trict situated in more than one county, such declarations 
shall be filed as above limited with the board of deputy 
state supervisors of the county containing the majority 
population of such municipality or school district, which 
board shall certify the same forthwith to the board or 
boards of the county or counties containing the other parts 
of such municipality or school district. When a fee is re¬ 
quired such fee shall be paid into the treasury of the 
county in which such declaration of candidacy is filed. 
When such board or boards of the county or counties con¬ 
taining the other part or parts of such municipality or dis¬ 
trict shall have canvassed the returns of the primary in such 
municipality or district received by them they shall certify 
the result to the board of the county containing such 
majority population which board shall ascertain and declare 
the result of the primary and shall forthwith certify the 
name or names of the successful candidate or candidates 
to the boards of such other counties to be placed on the 
official ballot at the election. (106 v. 545.) 

Sec. 4970. The name of no candidate for office or for 
committeeman or delegate or alternate shall be printed upon 
an official ballot used at any primary unless prior to the 
beginning of the period limited by law, a declaration of 
candidacy and certificate shall have been filed with the state 
supervisor of elections or with the board of deputy state 
supervisors in his behalf in substantially the following 
form: 


Chap. 6 


PRIMARY ELECTIONS. 


91 


DECLARATION OF CANDIDACY FOR THE OFFICE 
OF PRESIDENT OR VICE-PRESIDENT OF 
THE UNITED STATES. 

I,.hereby declare that I am a Forms of dec- 

resident of the state of.and a qualified 

elector of such state. I am a member of the. ^ 

party and am a candidate for nomination to the office of 

.subject to the action of the national 

convention of such party, to which delegates will be elected 

in the state of.at a primary to be held on 

the.day of. 19. .. 1 

hereby request that my name be printed on the official 
primary ballot as provided by law as a candidate of the 

.party, and further declare that if 

nominated and elected, I will qualify as. 

and will support and abide by the principles of the 

.party as adopted and declared in its 

national platform. 

Dated this.day of. 19. ... 


Witnessed by 


Signature of candidate or 

authorized representative. 


1 

DECLARATION OF CANDIDACY FOR OFFICE 
OTHER THAN THAT OF PRESIDENT OR VICE- 
PRESIDENT OF THE UNITED STATES. 


I,.hereby declare that I reside at No. 

.street, in the.of . 

(or in precinct.township) county of 

. Ohio, and am a qualified elector 


therein. I am a member of the.party 

and intend to vote for a majority of the candidates of such 
party at the coming election. At the last general election 
(did not vote 

(I voted for a majority of the candidates of such party 
at such election). I hereby declare myself a candidate 

for nomination to the office of.. to 

be made at the primary election to be held on the. 

day of .. 19. . . . , and hereby request that 

my name be printed upon the official primary ballot as pro¬ 
vided by law as a candidate of the.. 

party. 

I further declare that, if nominated and elected, I will 

qualify as .and that I will 

support and abide by the principles enumerated by the 

..party in its national platform and 

in its platform in this state adopted during the present 
year. 

Dated this.day of. 19- 


Signature of candidate. 

































92 


PRIMARY ELECTIONS. 


Chap. 6 


Certificate 
of electors. 


The State of Ohio, County of.ss. 

Personally appeared before me the undersigned a 

. in and for said county, this. 

day of.A. D. 19_, the above named 

.. who acknowledged the signing 

of the above declaration to be his free act and deed and 
that the statements made therein were true as he verily 
believed. 

Witness my hand and official seal. 

on the day and year last aforesaid. 

CERTIFICATE OF FIVE ELECTORS WHICH SHALL 
BE FILED WITH EACH DECLARA¬ 
TION OF CANDIDACY. 

We, the undersigned, qualified electors of the state of 
Ohio, and of the county, city, township, ward and precinct 

set opposite our names, and members of the. 

party, hereby certify that.who 

resides at No.on.street of 

.city of . 

or (in the township of.) in the county of 

., and who is a candidate for the 

office (or position) of. (here specify office or position) 

. to be voted for at the 

primary next hereafter to be held, and whose declara¬ 
tion of candidacy is herewith filed, is a member of the 

.party, and is well qualified 

to perform the duties of the office for which he is a can¬ 
didate. 


Signatures Residence Ward Precinct Township 


The State of Ohio, County of. ss. 

Personally appeared before me the undersigned, a 

., in and for said county, this. 

day of.A. D. 19.. .. above named 

....., and 

.who each severally acknowledge the sign¬ 
ing of the above certificate to be his free act and deed and 
that the statements made therein were true as he verily 
believed. 

Witness my hand and official seal. 

on the day and year last aforesaid. 

In the case of a candidate for office other than for 
committeeman, delegate or alternate or president or vice- 
president of the United States, the proper fee must also be 
paid at the time of filing the declaration of candidacy. (106 
V. 546.) 
































Chap. 6 


PRIMARY ELECTIONS. 


93 


Sec. 4970-1. At the time of filing the declaration of 
candidacy for nomination for any office, each candidate 
shall pay a fee of one-half of one per cent., of the annual 
salary for such office, but in no case shall such fee be more 
than twenty-five dollars. All fees so paid in the case of 
candidates for state offices, office of United States senator 
and congressman-at-large, shall forthwith be paid by the 
officer receiving the same into the treasury of state. All 
other fees shall be paid by the officer receiving the same 
into the treasury of his county to the credit of the county 
fund. No fee shall be required in the case of candidates 
for committeeman or delegate or alternate to a convention 
or for president or vice-president of the United States, nor 
for offices for which no salary is paid. (106 v. 548.) 

Sec. 4973. Each candidate shall state in his declara¬ 
tion of candidacy that he will qualify as such officer if nom¬ 
inated and elected, and each candidate shall also state in 
his declaration that he will support and abide by the prin¬ 
ciples enumerated by his political party in such national or 
state platform as may have been adopted by it prior to such 
primary in the year in which he is seeking such nornination, 
or which may be subsequently adopted. 

Note ; — Candidates for delegates and committeeman must 
file declarations of acceptance the same as any other officer. 

Sec. 4974. Protests in writing against the candidacy 
of any person seeking to become a candidate of any political 
party may be filed only by a recognized member of such 
party or by the controlling committee thereof. Such pro¬ 
tests shall be filed with the state supervisor of elections in 
all cases in which the declaration of candidacy shall have 
been filed with him and in cases in which such paper shall 
have been filed with a board of deputy state supervisors the 
protests shall be filed with such board. In the case of pro¬ 
tests filed with the state supervisor of elections he sh.all hear 
and determine the same and his decision shall be final. In 
the case of protests filed against the candidacy of a person 
in a district comprising more than one county the same 
shall be heard and determined by the chief deputies and 
clerks of the board of deputy state supervisors of the sev¬ 
eral counties comprising such district and their decision 
shall be final. In the case of protests filed against candi¬ 
dates for county offices or offices of a district lying within 
a county, the same shall be heard and determined by the 
board of deputy state supervisors of such county and its 
decision shall be final. In case of candidates for office in 
municipalities or school districts situated in more than one 
county, the same shall be submitted to the board of deputy 
state supervisors of the county in which the declaration of 
candidacy were filed and its decision shall be final. If it 
is found that such candidate is not an elector of the state, 
or of the district or county in which he seeks to become a 
candidate, or has not fully complied with the provisions 
of law as herein provided, his name shall be withdrawn and 
shall not be printed upon the ballot; but no declaration of 


Fee required 
and where 
paid. 


Candidates 
from whom 
no fee re¬ 
quired. 


Declaration of 
candidate— 
what it shall 
contain. 


Protests 
against can¬ 
didacy; where 
filed. 


Hearing and 
determination 
of protests. 


94 


PRIMARY ELECTIONS. 


Chap. 6 


Transmission 
of certifi¬ 
cates. 


Provisions as 
to registra¬ 
tion. 


Separate 

tickets. 


Election, how 
conducted. 


candidacy shall be rejected for mere technical defects. Cer¬ 
tificates shall be transmitted in the manner provided in this 
title for the transmission of certificates of nomination. (io6 
V. 549-) 

Section 4975. The board of deputy state supervisors 
in municipalities where registration of electors is required 
by law, shall, prior to any primary election, make such pro¬ 
vision as shall be necessary and reasonable for the transfer 
upon the registration books and the registration of all per¬ 
sons, not previously registered, who may qualify themselves 
to vote at the ensuing November election. No person 
shall be admitted to vote at any primary election, in such 
municipalities, unless he shall have caused himself to be 
registered as an elector therein, in the manner provided by 
law for the registration of electors. (99 v. 220 § 22.) 

Section 4976. Separate tickets shall be provided for 
each political party entitled to participate in such primary. 
Such tickets shall contain the names of all persons whose 
names have been duly presented and not withdrawn, ar¬ 
ranged under the designation of the office in alphabetical 
order, according to surnames, and bear the official signa¬ 
tures of the members of the board of deputy state super¬ 
visors. Such ticket shall conform, as nearly as prac¬ 
ticable, to the form of ballot provided in this title for the 
use of electors in the election of public officers, except that 
no device or circle shall be used at the head of such tickets. 
On the back thereof shall be printed the words, “Official 
Ballot” and “Primary Election,” and the name of the 
political party for which such ballot is printed. (90 v. 220 

§ 23-) 

Note : — There must be a separate space on the ballot for each 
office, for which a nomination is to be rhade. Atty. Gen. 4-7-10. 

The ticket at a primary may be printed in more than one 
column, if more convenient for the board of deputy supervisors or 
the electors. 

An elector who has filed nomination papers may withdraw 
his name as a candidate. After a candidate has withdrawn his 
name and his withdrawal has been accepted by the board, the 
board is without authority to reconsider its acceptance, and such 
elector may thereafter have his narne placed upon the official ballot 
only by nomination papers, as provided in the first instance. Atty. 
Gen. 5-6-10. 

The voter may write in a blank space, or substitute for any 
name on his party ballot, the name of another person of the same 
political party faith. Atty. Gen. 10-9-09. 

Section 4977. On each day designated in this chap¬ 
ter for holding primary elections, a full board of election 
officers shall be assigned to duty at each polling place, and 
such election officers shall jointly conduct the election as 
to all parties. The regular judges and clerks of elections 
shall be the judges and clerks of primary elections, and 
shall be charged with the same powers and duties, and be 
subject to the same penalties as are provided by law for 
the codnuct of general elections. There shall be separate 
poll books, tally sheets and ballot boxes provided at each 
voting place for each party participating in the election. 


Chap. 6 


PRIMARY ELECTIONS. 


95 


and the ballot of each voter shall be placed in the ballot 
box of the party with which he affiliates. Each ballot box 
shall be plainly marked with the name of the political party 
whose ballots are to be placed therein, by letters printed 
thereon or by a card attached thereto, or both, and so 
placed that the designation may be easily read. (99 v. 220 

§ 24.) 

Section 4978. Upon application in writing of the 
respective controlling committees, the judges of election 
shall admit to the polling room one challenger and one wit¬ 
ness for each candidate whose name appears on the ballot 
for the office at the head of the ticket. Such challenger and 
witness shall be appointed in writing by the candidates on 
whose behalf he serves. Such challengers and witnesses 
shall have the same privileges and be subject to the same 
regulations as are prescribed by law for the challengers and 
witnesses at general elections. 

The judges of election of each precinct, uopn the writ¬ 
ten application of any five or more candidates, shall admit 
to the polling room one challenger and one inspector. 
The applications must be signed by the candidates in person 
in the presence of two witnesses. No candidate shall sign 
an application for more than one challenger and one in¬ 
spector at any one polling place. Such inspector shall have 
the right to inspect the ballots and ballot box before the 
voting begins, and the challenger shall have such rights and 
privileges and be subject to the same regulations as are 
prescribed by law for challengers at general elections. The 
inspector shall have the right to enter the polling place at 
any time after five o’clock in the afternoon and remain 
until the ballots are all counted. He shall have the right 
to inspect the ballot box, tally sheets and poll books and 
also to witness the counting of the ballots, and inspect the 
same while being counted, or afterwards. A person serv¬ 
ing as challenger is eligible to serve as inspector. All of 
the judges and clerks conducting said primary election shall 
participate in the count and tabulation of all the votes cast. 
Any judge who refuses to admit to the polling place any 
challenger, or inspector, who presents a proper application 
signed and witnessed as herein provided, or any challenger, 
or inspector, who knowingly presents a false application to 
the judges of election, shall be fined not less than fifty dol¬ 
lars nor more than two hundred dollars and imprisoned in 
the county jail not less than thirty days. 

Section 4979. During the time the polls are open, it 
shall be unlawful for any person within one hundred feet 
of the polling place of any primary election to give, tender, 
or exhibit any ballot or ticket to any person other than to 
a judge of the election, or to exhibit any ticket which he 
intends to cast, or within such distance so solicit or in any 
way attempt to influence any elector in casting his vote. 
(99 V. 224 § 41.) 


Challengers 
and wit¬ 
nesses. 


Application. 


Inspection. 


Unlawful to 
exhibit ticket 
within one 
hundred feet. 


96 


PRIMARY ELECTIONS. 


Chap. 6 


Who may 
vote; causes 
of challenge. 


Oath. 


Vote rejected, 
when. 


Canvass of 
vote. 


Section 4980. At such election only legally qualihed 
electors or such as will be legally qualified electors at the 
next ensuing general election may vote and all such electors 
may vote only in the election precinct where they reside, 
and it shall be the duty of the challengers and of the judges, 
and the right of any elector, whenever there is reason to 
doubt the legality of any vote that may be offered, to in¬ 
terpose a challenge. The cause of a challenge shall be: 
That the person challenged has received or been promised 
some valuable reward or consideration for his vote; that 
he has not previously affiliated with the party whose ticket 
he now desires to vote. Affiliation shall be determined by 
the vote of the elector making application to vote, at the 
last general election held in even numbered years. (99 v. 
221 § 26.) 

Note : — A minor who will be qualified to vote at the election 
next succeeding a primary election may vote at such primary. Atty. 
Gen. 8-30-07. 

Women may vote for candidates for nomination on the party 
tickets for members of the board of education. Atty. Gen. 6-14-09. 

Section 4981. Before any challenged person shall be 
allowed to vote, he shall make and subscribe an affidavit 
duly sworn to, before one of the judges, who are hereby 
authorized and empowered to administer such oaths, blanks 
for which shall be furnished by the board of deputy state 
supervisors, giving age, residence, nationality, citizenship 
party allegiance, length of residence in the voting precinct, 
county and state, and all other facts necessary to disclose 
whether he is a legal voter at such election, which affidavit 
shall be returned to the office of the board with the poll 
books and tally sheets. (99 v. 221 § 27.) 

Section 4982. If a person challenged refuses to be 
sworn, or being sworii, refuses to answer any questions, or 
if his answers show that he lacks any of the qualifications 
herein required to make him a legal voter at such primary 
election, his vote shall be rejected. The judges, or either 
of them, shall have the power to make further investigation, 
and he or they may call and examine witnesses as to the 
qualifications of the person challenged, and, if the judges 
of the party to which the person asking the ticket claims 
affiliation are not satisfied that he is a legal voter under this 
chapter, they shall reject his vote. (90 v. 221 § 27.) 

Section 4983. At the close of the polls, the judges 
and clerks shall proceed without delay to canvass the vote, 
sign and seal it, and make return forthwith thereof to the 
board of deputy state supervisors. If there are any tickets 
cast and counted or left uncounted concerning the legality 
of which there is any doubt or difference of opinion in the 
minds of the judges of elections, they shall be sealed up and 
marked, “disputed ballots,” and returned to such board, 
with the statement as to whether they have or have not 
been counted, and, if counted, what party and for whom. 
Such ballots shall be preserved by the board for such 


Chap. 6 


PRIMARY ELECTIONS. 


97 


judicial or other investigation.as may be ordered by the 
controlling committee of the party for whom they "were 
voted. (99 V. 221 § 228.) 

Note : — The board is without authority to hear evidence to 
contradict or explain the tally sheets, or act upon information not 
appearing on their face, or to open or count ballots returned by 
the precinct officers, as uncounted ballots, concerning the legality 
of which, doubt or difference of opinion existed in the minds of 
the judges of election. State ex rel. v. Tanzy et al., 49 O. S. 656. 

Section 4984. On the following Thursday after the 
primary at ten o’clock forenoon the board of deputy state 
supervisors of elections of each county shall meet and can¬ 
vass the vote and certify the result or dech • 'he. same in 
the manner hereinafter provided. The co’ g commit¬ 
tee of any party participating in the pr*' have one 

representative present during the cd^ 'e. In 

the case of candidates for nomination oy pinnai^ whose 
nomination papers are required to be filed with the state 
supervisor of elections such boards of deputy state super¬ 
visors shall, on blanks provided for that purpose, make full 
and accurate returns of votes cast for each candidate and 
shall certify duplicate copies thereof to the state supervisor 
who shall proceed to canvass all of the votes cast for the 
respective candidates above mentioned and shall declare 
the result, and shall, not less than forty days before the 
election, certify the same together with a form of official 
ballot therefor to the proper boards of deputy state super¬ 
visors of the several counties of the state. In case of nom¬ 
inations for offices in districts comprising more than one 
county, the boards of deputy state supervisors of elections 
in such counties shall’ certify the results of the primary as 
regards such district candidates to the board of deputy state 
supervisors of the county in such district in which the nom¬ 
ination papers were originally filed, which board shall pro¬ 
ceed to canvass all of the returns so made of the votes cast 
for the respective candidates and shall declare the result 
and certify the names of the successful candidates to the 
boards of deputy state supervisors of the several counties 
comprising such district to be placed on the ballot. In case 
of nominations for offices within a county the results of 
the primary shall be declared by the board of deputy state 
supervisors of such county. (103 v. 484.) 

Section 4984-1, That in the event of any office for 
which nominations are sought to be made at any primary 
election, and for which no nominating petitions or declara¬ 
tions of candidacy have been filed within the time pre¬ 
scribed by law by or in behalf of any candidate of a political 
par y, so that insofar as such office is concerned, there is a 
vacancy on the primary ballot to be nominated, no valid 
nomination shall be made for such office unless the name 
of the person attempted to be nominated and receiving the 
highest number of votes for said office, shall have been writ- 


Canvass of 
vote and cer¬ 
tifying result 
by deputy 
state super¬ 
visors. 


Per cent of 
ballots writ¬ 
ten on re¬ 
quired to 
nominate at 
primary when 
no nomirating 
petition filed. 


98 


PRIMARY ELECTIONS. 


Chap. 6 


Names of 
nominees 
must be 
placed upon 
ballot. 


Certificates of 
election to 
delegates and 
alternates. 


Certificates of 
election to 
members of 
committee. 


List of com¬ 
mitteemen 
filed in office 
of state 
supervisor. 


How result 
determined in 
cases of tie 
vote. 


ten on at least eight per cent of all the ballots containing 
such vacancy, which have been voted at such primary elec¬ 
tion. (io6 V. 207.) 

Section 4985. When the primary has been held to 
make nominations of candidates to be voted for at the en¬ 
suing November election, the board of deputy state super¬ 
visors shall place the names of the persons so nominated 
upon the official ballot as the candidates of the respective 
political parties nominating them. (99 v. 222 § 30.) 

Section 4986. If the primary has been held to elect 
delegates and alternates to a national convention, the sev¬ 
eral boards of deputy state supervisors and the state super¬ 
visor of elections shall perform the same duties with re¬ 
gard to such election as with regard to the nomination of 
candidates for state and district offices. Returns shall be 
made and canvassed in a similar manner as for state and 
district offices and such state supervisor, or boards of dep¬ 
uty state supervisors, shall, without fee, make and, upon 
demand, deliver to the persons who may have been chosen, 
certificates of their election. And no other delegate or al¬ 
ternate shall be entitled to sit, or participate, in such con¬ 
vention. A list of the delegates and alternates of each 
party who may have been chosen, shall be filed and kept in 
the office of such state supervisor for one year. (103 v. 

4850 

Section 4987. If members of a state central com¬ 
mittee have been elected at any primary election, the several 
boards of deputy state supervisors and the state supervisor 
of elections shall perform the same duties with regard to 
the election of such committees as with regard to the nom¬ 
ination of candidates for district offices. Returns shall be 
made and canvassed as for such nomination. And said 
state supervisor shall, without fee, and upon demand, de¬ 
liver to the persons elected, certificates of their election. 
A list of committeemen of each party who may have been 
thus chosen shall be filed and kept in the office of such state 
supervisor of elections for two years and it shall be the 
official roll of the committee. In like manner if members 
of a county central committee or delegates to a state con¬ 
vention have been elected the board of deputy state super¬ 
visors of elections shall perform the same duties with re¬ 
gard to the election of such committeemen as with regard 
to the nomination of candidates for township offices. Re¬ 
turns shall be made and canvassed as for such nominations 
and said bo^rd of deputy state supervisors shall without 
fee, and upon demand, deliver to the persons who may have 
been chosen certificates of their election. A list of commit¬ 
teemen of each party who may have been chosen shall be 
filed and kept in the office of such board for two years and 
it shall be the official roll of the committee. (103 v. 485.) 

Section 4988. When at any primary there is a tie 
vote for nomination or election in any case in which the 
nomination papers have been filed with the state supervisor 
of flections the candidates having the highest and e(]ua] 


Chap. 6 


PRIMARY ELECTIONS. 


99 


number of votes shall, after due notice, within ten days and 
in the presence of such state supervisor at the time and 
place to be fixed by him, determine the result by lot. If 
they fail to do so, such state supervisor shall determine 
the result in a similar manner. In the event of a tie vote in 
other cases the candidates having the highest and equal 
number of votes shall, after due notice, within five days in 
the presence of the board of deputy state supervisors with 
which the nomination papers were filed at a time and place 
to be fixed by such board, determine the result by lot and 
if the candidates fail to do so such board shall be author¬ 
ized to determine the same in a similar manner. (103 
V. 486.) 

Section 4989. In case of a vacancy or vacancies in 
the list of nominations occurring by death or otherwise, 
after the result has been declared, such vacancy or vacan¬ 
cies shall be filled by the proper controlling committee of 
the party in which such vacancy, or vacancies, occur, and 
the names of the candidates, delegates or committeemen, as 
the case may be, selected by such committee, shall, in the 
case of offices, the nomination papers for which have to be 
filed with the state supervisor of elections, be reported to 
such state supervisor and, in the case of other offices, shall 
be reported to the proper board or boards of deputy state 
supervisors, and such state supervisor or board, or boards, 
.shall cause such name or names to be placed on the official 
ballots, lists or rolls. (103 v. 486.) 

Note: — This procedure applies to vacancies occurring after 
the declaration of the result of the primary election, and to 
vacancies in the list of nominations actually made at the primary 
election only. Atty. Gen, 8-13-09. 

This section does not authorize the filling of a vacancy re¬ 
sulting from failure to nominate a candidate for such office at the 
primary election, Atty. Gen. 8-18-09. 

See Sec. 4984-1. 

Section 4990. For their services in conducting pri¬ 
mary elections, members of boards of deputy state super¬ 
visors shall each receive for his services the sum of two 
dollars for each election precinct in his respective county, 
and the clerk shall receive for his services the sum of 
three dollars for each election precinct in his county, and 
judges and clerks of election shall receive the same com¬ 
pensation as is provided by law for such officers at general 
elections. (99 v. 223 § 35.) _ • _ 

Section 4991. All expenses of primary elections, in¬ 
cluding cost of supplies for election precincts and compen¬ 
sation of the members and clerks of boards of deputy state 
supervisors, and judges and clerks of election, shall be paid 
in the manner provided by law for the payment of similar 
expenses for general elections except that the expenses of 
primary elections in political divisions less than a county 
shall be a charge against the township, city, village or polit¬ 
ical division in which said election was held, and the 
amount so paid by the county shall be retained by the 
county auditor, from funds due such township, city, village 


Vacancies, 
how filled. 


Compensation 
of election 
officers. 


Expenses, how 
apportioned 
and paid. 


lOO 

PRIMARY ELECTIONS. Chap. 6 

Party plat¬ 
form, when 
and by whom 
framed. 

or political division, at the time of making the semi-annual 
distribution of taxes. The amount of such expenses shall 
be ascertained and apportioned by the deputy state super¬ 
visors to the several political divisions and certified to the 
county auditor. In municipalities situated in two or more 
counties, the proportion of expense charged to each of 
such counties shall be ascertained and apportioned by the 
clerk or auditor of the municipality and certified by him 
to the several county auditors. 

County commissioners, township trustees, councils, 
boards of education or other authorities, authorized to levy 
taxes, shall make the necessary levy to meet such expenses. 
(103 V. 510.) 

Section 4991-1. In the year 1914, and every fourth 
year thereafter, the candidates for state offices, except 
judicial offices, the candidates for member of the general 
assembly, the members of the state executive and central 
committees and the chairmen of the county central and 
executive committees of each political party which shall 
have selected candidates at the primary election of such 
year shall meet at such place as the state central committee 
of such party may designate on the second Tuesday after 
such primary and shall forthwith formulate the state plat¬ 
form of such party, which said state platform of each 
political partv shall be so framed at such time that it shall 
be made public not later than six o’clock in the afternoon of 
the following Thursday. (103 v. 486.) 



• CHAPTER 7. 

NOMINATION OF CANDIDATES. 


Section 

49 f) 2 ’. Nomination of candidates. 

4993 . Certificate of nomination. 

4994 . Certificate shall state committee to fill 

vacancies. 

4995 . Substitution of other party candidate by 

committee unlawful. 

49 t)(i. Nominations of candidates for offices in 
townships and municipalities having 
less than 2,000 population. 

4997 . How nominations made. 

499 S. Names of nominees for board published. 

4999 . Nominations of candidates for other 

offices. 

5000 . Signers to name committee to fill vacan¬ 

cies. 

5001 . Signer pledged to vote for nominee. 

5002 . Oath by one of the signers. 

5003 . Contents of certificates. 

5004 . Where and when certificates and nom¬ 

ination papers shall be filed. 


When certificates and nomination papers 
deemed valid. 

Consideration of objections and other 
questions to nomination. 

Majority necessary; questions may be 
submitted to the state supervisor in 
cases of disagreement. 

. 5003 . Notice of objection must be given. 

. 5009 . Certified party name may be rejected, 

when. 

5010 . How vacancy on ticket filled or defect 

in certificate corrected. 

5011 . Certificate in case of filling vacancy. 

5012 . X’acancy caused by death of candidate 

after ballots printed; adhesive slips 
or pasters. 

5013 . Vacancies shall be filled by central com¬ 

mittee. 

5014 . Device to designate party candidates. 

5015 . Transmission of certified copies of cer¬ 

tificates. 


Section 
5005 . 

5 . 00 . 

5007 . 


Section 4992. Except as provided by the preceding Nomination 
chapter of this title, nominations of candidates for public candidates, 
office may be made as herein prescribed. (103 v. 843.) 

Note: — A citizen’s ticket, nominated by petition, and which 
polled at least one percent, of the entire vote, does not entitle a 
similar ticket to a place on the ballot at a subsequent election, with¬ 
out a petition as provided liy sections 499(1 and 4999. Only those 
parties which have a state organization, and which cast the 
requisite number of votes in the entire state are entitled to repre¬ 
sentation on the ballot as a party. 

Where a “citizens’ ticket” has been nominated by a caucus or 
convention and the certificate thereof filed with the board of deputy 
state supervisors, it is the duty of the deputy state supervisors to 
disregard and reject such ticket. The proper manner for electors 
to procure the nomination of a citizens’ ticket is by petition. 

A ticket nominated by petition is not entitled to go under a 
party ticket, as a regular party ticket. 

A primary election must be held under the auspices of some 
party. Under the law there cannot be a nonpartisan primary. The 
method provided for placing a person on the ticket without regard 
to party is by petition. 

The requirements of Section 6 (89 O. L. 434) that certified 
nominations of candidates for public offices must be made by “con¬ 
vention, caucus; meeting of qualified electors, primary election held 
by such electors or central or executive committee, representing a 
political party, which at the next preceding election polled at least 
one per cent, of the entire vote cast in the state” is not repugnant 
to any provision of the constitution. 

State Ex rel. Richard Plimmer v. Poston et al., 58 
O. S. 620. 

A number of citizens cannot caucus for the purpose of nom¬ 
inating a ticket. A ticket may be nominated'by caucus only by an 
existing political party. A citizens’ ticket must be nominated by 
petition. 

A political party does not .have the right to fill a vacancy on 
its ticket by petition. 


101 



102 


NOMINATION OF CANDIDATES 


Chap. 7 


Certificate of 
nomination. 


Certificate 
shall state 
committee to 
fill vacancies. 


A person who has been a candidate at the primary is not 
thereby prevented from circulating a petition to be an independent 
candidate, and persons who voted at the primary are not thereby 
prevented from signing the same. Sec. 4950 G. C. 

A political party casting more than one per cent, of the total 
vote for state officers in the state is entitled to exercise rights 
under section 4992 in and with respect to any of the political sub¬ 
divisions of the state regardless of the number of votes cast by 
it in such subdivisions. Its rights under section 4992 are to be’ de¬ 
termined by the votes cast in the state at large for state officers. 
Atty. Gen. 4 - 28 - 10 . 

Section 4993 . Each certificate of nomination shall 
state such facts as are in this chapter required for its 
acceptance and be signed by the proper officers of such 
convention, caucus, meeting, primary election or commit¬ 
tee, who shall add to their signatures their places of resi¬ 
dence and post office addresses and make oath before an 
officer qualified to administer it that the facts stated in the 
certificate are true to the best of their knowledge and belief. 
A certificate of the oath shall be annexed to the certificate 
of nomination. (89 v. 434 § 6 .) 

Note; — Within the meaning of section 2966 - 18 , Revised 
Statutes, the chairman and secretary of a nominating convention 
are “proper officers” to execute certificate of nominations made by 
such convention. 

A person who acts as secretary of two rival conventions may 
be compelled by mandamus to execute certificates of nomination 
made by each convention, in order that rival candidates may pre¬ 
sent their claims for determination by the election board named in 
Section 2966 - 23 , Revised Statutes. 

Upon an application of this character the court will consider 
only questions relating to the relator’s right to such certificate of 
nomination, leaving all questions involved in the validity of the 
claims of rival candidates to be the nominee to be determined by 
said election board. 

State Ex.rel. Milner v. Jones, Secretary, 74 O. S. 418 . 

Political parties, being voluntary associations, the conventions 
of such parties are necessarily the sole judges of the elections, re¬ 
turns and qualifications of their members, and courts of equity can 
not restrain the members of such conventions or the members of 
the committees on credentials from arbitrarily seating certain dele¬ 
gates therein. 

In re Contempt v. Grear, Jr., 6 N. P. 312 . 

Either political party may nominate and have placed on its 
ticket as candidates for offices, persons who have been nominated 
for the same office by another political party. 

Gregg V. Rogers, 1 N. P. 117 . 

Section 4994 . Such certificate of nomination shall 
also state the names and addresses of a committee author¬ 
ized to represent such political party, and such committee 
may fill vacancies which occur in the list of nominations, 
unless it is otherwise specially ordered at the time of the 
selection of such committee and so certified. (89 v. 434 
§ 6 .) 




Chap. 7 


NOMINATION OF CANDIDATES. 


103 


Section 4995. When no nominations were made orig¬ 
inally for a particular office, it shall be unlawful for any 
committee appointed for the purpose of filling vacancies 
to name a candidate of another political party for such 
office or to so name a candidate nominated by petition. 
When the nomination of a candidate of one party is en¬ 
dorsed by another, it shall be done at the time and in the 
manner provided for original nominations. (98 v. 176 
§ 6a.) 

Note: — This section applies merely'to the filling of vacancies 
by the controlling committee of a political party. A person nom¬ 
inated in compliance with law by a political party, fnay, by the 
circulation of petitions, become an independent candidate and 
have his name appear twice upon the ballot at the municipal elec¬ 
tion as a candidate for the same office. Atty. Gen. 8-23-09. 

Section 4996. Nominations of candidates for any 
elective office in any township or in any municipality which 
at the last preceding federal census had a population of 
less than two thousand may, be made by petitions, signed 
in the aggregate for each candidate by not less than twenty- 
five qualified electors of such township or village. (103 
V. 844.) 

Section 4997. Nominations of candidates for the 
office of member of the board of education shall be made 
by nominating papers signed in the aggregate for each can¬ 
didate by not less than twenty-five qualified electors of the 
school district, of either sex, in village districts and in city 
school districts by not less than two per cent of the electors 
voting at the next preceding general school election in such 
city school districts. (103 v. 279.) 

Section 4998. When nominations of candidates for 
member of the board of education have been made by 
nomination papers filed with the board of deputy state 
supervisors, as herein provided, such board of deputy state 
supervisors shall publish on two different days prior to 
the election a list of the names of such candidates in two 
newspapers of opposite politics in the school district, if 
there is such printed- and published therein. If no news¬ 
paper is printed in such school district, the board shall 
post such list in at least five public places therein. (R. S. 
Sec. 3897a.) 

Section 4999. Nominations of candidates for other 
offices, may be made by petitions, signed for each candidate 
by qualified electors of the state or the district, or county 
for which such candidates, are nominated, not less in 
number than one for each one hundred persons who voted 
at the next preceding general election in the state, district 
or county. (103 v. 844.) 

Section 5000. Signers of such nomination papers 
shall insert in them the names and addresses of such per¬ 
sons as they desire to the number of five as a committee 
who may fill vacancies caused by death or withdrawal. 
(97 V. 226 § 7.) 


Substitution 
of other 
party can¬ 
didate by 
committee 
unlawful. 


Nominations 
of candidates 
for offices in 
townships and 
municipalities 
having less 
than 2,000 
population. 


How nomina¬ 
tions made. 


Names of 
nominees 
for board 
published. 


Nominations 
of candidates 
for other 
offices. 


Signers to 
name com¬ 
mittee to 
fill vacan¬ 
cies. 


104 


NOMINATION OF CANDIDATES. 


Chap. 7 


Signer 
pledged 
to vote 
for nom¬ 
inee. 


Oath by one 
of the 
signers. 


Contents of 
certificates. 


Where and 
when certifi¬ 
cates of nom¬ 
ination and 
nomination 
papers shall 
be filed. 


Section 5001. Such nomination papers shall contain 
a provision to the effect that each signer thereto thereby 
pledges himself to support and vote for the candidate or 
candidates whose nominations are therein requested. Each 
elector signing a nomination paper shall add to his signa¬ 
ture his place of residence and may subscribe to one nomi¬ 
nation to each office to be filled and no more. (97 v. 226 
§ 7-) 

Section 5002. One of the signers to each such sepa¬ 
rate paper shall swear that the statements therein are true 
to the best of his knowledge and belief and the certificate 
of such oath shall be annexed. (97 v. 226 § 7.) 

Note: — The requirement of Sec. 7 of the Act of April 8, 
1898 (93 O. L. 93), that papers to secure the nomination of can¬ 
didates for public offices “shall contain a provision to the effect that 
each signer thereto pladges himself to support and vote for the 
candidate or candidates whose nominations are therein requested/' 
operating uniformly and impartially upon all classes'of electors 
and interposing no unreasonable impediment to the exercise of the 
elective franchise, is valid. 

State Ex rel. v. Poston, 59 O. S. 122. 

Section 5003. Besides containing the names of can¬ 
didates, all certificates of nomination and nomination 
papers shall specify as to each candidate: 

1. The office for which he is nominated; 

2. The party or political principle which he repre¬ 
sents, expressed in not more than three words; 

3. His place of residence, with street and number 
thereon, if any. 

In nominations by petition, the certificate may desig¬ 
nate instead of a party or political principle any name or 
title which the signers may select. Candidates nominated 
by petition without distinctive appellations shall be certified 
as independent candidates. In case of electors of president 
and vice president of the United States, the names of the 
candidates for president and vice president shall be added 
to the party or political appellation. (89 v. 435 § S.) 

Sec. 5004. Certificates of nomination and nomination 
papers of candidates shall be filed as follows: 

For state officers, presidential electors. United States 
Senator and congressman-at-large, with the state supervisor 
of elections in the manner following. All petitions signed 
in any county of the state shall be filed with the board of 
deputy state supervisors of elections of such counfy prior 
to the sixtieth day before the date of the election and shall 
remain open to public inspection in the office of such board 
for a period of five days immediately prior to the fifty-fifth 
day before such election, during which time objections may 
be filed thereto and the same heard by such board, which 
shall, on or before the fiftieth day before such election, 
transmit such petitions and objections, if any, to the state 
supervisor of elections together with a copy of their find- 





Chap. 7 


nomination of CANDIDATR.S. 


105 


ings on such objections, if any, and a certificate stating the 
number of bona fide electors of such county whose names 
appear attached thereto; 

hor offices to be filled by the electors of a district, or 
•subdivision of a district, composed of two or more counties, 
with the chief deputy state supervisor of the county in the 
district, or subdivision, containing the greatest number of 
inhabitants, as ascertained by the last federal census, not less 
than sixty days previous to the day of election. 

For county offices or offices to be filled by the electors 
of a district lying within a county, with the board of deputy 
state supervisors of the county, not less than sixty days 
previous to the date of election ; 

For township or municipal officers, justices of the 
peace, or members of the board of education, with the 
board of deputy state supervisors of the county, not less 
than sixty days previous to the date of election; 

For municipal officers and for members of boards of 
education in municipalities, situated in two or more 
counties, with the board of deputy state supervisors of the 
county containing the majority i)opulation of such munici¬ 
pality, not less than sixty days previous to the day of elec¬ 
tion. (104 V. 10.) 

Note: — The provisions of the law fixing the time within 
which nominations shall be filed is mandatory, and if not strictly 
complied with the names of persons afterwards certified to the 
board, should not be printed upon the ballot. 

While this section should be observed by the board, it should 
not apply in a case where an effort was made to file within time, 
but owing to the absence of the board and clerk the presentation 
of the paper was delayed. In such case the papers should be 
dated as of the date on which such attempt to file was made. 


Section 5005. When so filed, certificates of nomina- when certifi- 
tion and nomination papers shall be preserved and be open, 
under proper regulations, to public inspection. If in ap- papers 
parent conformity with the provisions of this chapter, they 
shall be deemed to be valid unless objection thereto is duly 
made in writing within five days after the filing thereof. 

(97 V. 227 § 10.) 

, • ,■ ( I ■ ' ■, • : i i I ' -: ' 

i . ■ I ! ■ ' ■ ' 

Note: — Where two certificates of nominations for county 
offices, both claiming to be the regular nominations of the same po¬ 
litical party, are filed, and written objections are duly filed to one 
of such certificates and none to the other, a controversy is thereby 
raised as to the validity of the latter certificate and as to it the 
other certificate and the written objections thereto operate as 
written objections within the meaning of Section 5005 ; and the 
court of common pleas is without authority to restrain the deputy 
state supervisors.of the county from considering such certificates 
and the controversy arising thereon and from certifying to the 
state supervisors of elections their failure to arrive at a decision 
thereon ; and such court is without authority to require the deputy 
state supervisors, by mandamus of otherwise, to cause the names 
appearing in the certificate to which specific objections were not 
filed to be printed on the 'official ballot. 

State Ex rel. Martin v. Thompson, 71 0 -. S. 70 . 


io6 


NOMINATION OF CANDIDATES. 


Chap. 7 


Consideration 
of objections 
and other 
questions to 
nominations. 


Sec. 5006. Such objections or other questions, arising 
in the course of the nomination of candidates, shall be con¬ 
sidered as follows: 

For state officers, United States senator, congressman- 
at-large and presidential electors by the state supervisor of 
elections, and his decision shall be final; 

For district offices or offices in a subdivision of a dis¬ 
trict, by the chief deputies and clerks of the boards of 
deputy state supervisors of the several counties comprising 
the district or subdivision, and -their decision shall be final; 

For county offices and offices of a district lying within a 
county, by the board of deputy state supervisors of the 
county and its decision shall be final; 

For township or municipal offices, justices of the peace, 
or members of the board of education, by the board of 
deputy state supervisors of the county, and its decision 
shall be final; 

In municipalities situated in two or more counties, such 
objections or other questions may be submitted by the board 
of deputy state supervisors of the county where filed, di¬ 
rectly to the state supervisor, and his decision shall be 
final. (104 V. 10.) 

The deputy state supervisors of elections have general au¬ 
thority to pass upon the validity of nominating papers. 

State Ex rel. Brubaker, 17 O. C. C. 542 . 

Note: — The deputy supervisors of election of the county 
have the power to decide questions of substance, as well as form. 
Questions that arise in the “course of the nomination” of candi¬ 
dates, including those which arose before, as well as after, the 
certificates of nomination are made by the proper persons. Their 
decision of such questions is final. 

Gregg V. Rogers, 1 N P. 117 . 

Where it appears that such certificate has been filed in ample 
time in which to advertise for bids and print the ballots and no 
objection is made otherwise, except as to the precise time in which 
it was done and that the non-observance in this regard could not 
affect the result of the election, its fairness or honesty, such cer¬ 
tificate so filed will be deemed to be filed within time notwithstand¬ 
ing the requirement of the statute is mandatory in form. 

State Ex rel. Fulton v. Deputy State Supervisors, 17 
C. C. 397 . 

Section 5006 requires that objections or other questions arising 
in the course of nominations for candidates for district offices, 
“shall be considered by the chief deputy state supervisors and 
clerks of said election boards of the several counties comprising 
the district”; but such chief deputies are not thereby constituted 
a board with continuing functions, nor a board in any sense. 
Randall v. State, 64 O. S. 57 , approved and followed. 

State Ex rel. Hildebrandt v. Stewart, Chief Deputy, 
71 O. S. 55 . 

When such chief deputy state supervisors and clerks have been 
called together to consider objections to and controversies con¬ 
cerning rival nominations and they have considered the same and 
rendered their decisions thereon and adjourned sine die, their func¬ 
tions as to such objections and controversies are at an end, and 
such decision is final in the sense that it is so far conclusive as to 
those objections and controversies that the same cannot be again 


Chap. 7 


NOMINATION OF CANDIDATES. 


107 


considered by the chief deputy state supervisors and clerks nor by 
those succeeding them in office. 

State Ex rel. Hildebrandt v. Stewart, Chief Deputy, 
71 O. S. 55 . 

A person who acts as secretary of two rival conventions may 
be compelled by mandamus to execute certificates of nomination 
made by each convention, in order that rival candidates may pre¬ 
sent their claims for determination by the election board named in 
Section 5006 . 

See State Ex rel. Milner v. Jones, Secretary, 74 O. 
S. 418 . 

Upon submission of objections to certificates of nomination, 
by board of deputy state supervisors to state supervisor of elec¬ 
tions, his decision thereon is final, and the board of deputy state 
supervisors refusing to comply therewith may be compelled to do so 
by mandamus. And an answer stating that they have been en¬ 
joined by the court of common pleas or a judge thereof, states 
no valid excuse for refusing to comply with the decision of the 
state supervisor. In such case the court of common pleas has no 
jurisdiction of the subject matter and its order of injunction is 
void. 

Chapman v. Miller, et al., 52 O. S. 166 . 

The decision of the secretary of state, acting as state super¬ 
visor of elections, upon written objections to certificates of nomina¬ 
tion and nomination papers or upon other questions arising in 
the course of the nomination of candidates, as provided in Sections 
5005 , 5006 and 5007 of the General Code, is final. 

State Ex. rel Buel v. Joyce, et al,, 87 O. S. 126 . 


Section 5007. The votes of at least three deputy 
state supervisors for the county or a majority of the chief 
deputies and clerks of the district or subdivision of the dis¬ 
trict shall be necessary to a decision. In all cases under 
this title in the event of a disagreement, or, if no decision 
can be arrived at, the matter in controversy shall be sub¬ 
mitted to the state supervisor of elections, who shall sum¬ 
marily decide the question so submitted to'him, and his de¬ 
cision shall be final. (103 v. 845.) 


Majority 

necessary. 


g juestions may 
e submitted 
to the state 
supervisor in 
cases of 
disagreement. 


Note: — The decision of the state supervisor of elections as 
to matters in controversy submitted to him by the deputy state 
supervisors, is final. It is the duty of said deputy state supervisors 
to obey such decision of the state supervisor of elections, and it is 
error for a court, by mandamus or otherwise, to order such deputy 
state supervisors to perform and act contrary to such decision of 
the state supervisor of elections. 

Randall et al. v. State ex rel. Hunter, 64 O. S. 57 . 

When nominations of candidates for county offices^ have been 
made by any convention or primary election of a^ political party 
of a county under this section, and such nominations have been 
duly certified to the board of deputy state supervisors of elections 
of such county, and objections thereto have been filed in writing 
within five days after such nominations have been filed, such deputy 
state supervisors have authority under section 5006 G. C. to con¬ 
sider and determine all such objections and questions so arising, 
and that their decision in such case is final. 

The state supervisor of elections may not determine the 
validity of nominations for county and local officers unless the 
board of deputy state supervisors fails to agree. Atty. Gen. 8 - 18 - 
1908 . 


NOMINATION OF CANDIDATES. 


Chap. 7 


io8 


Notice of 
objection 
must be 
given. 


Certified party 
name may be 
rejected, 
when. 


How vacancy 
on ticket 
filled, or de¬ 
fect in certi¬ 
ficate cor¬ 
rected. 


Certificate in 
case of filling 
vacancy. 


Vacancy 
caused by 
death of 
candidate 
after bal¬ 
lots printed. 


Adhesive 
slips or 
pasters. 


Section 5008. When any such objection is so niade, 
or any question so arises, notice thereof shall forthwith be 
mailed to the candidates affected thereby and to any party 
committee especially interested. (97 v. 227 § 10.) 

Section 5009. In the decision of any question as to 
the proper political or party designation of candidates, the 
proper officers herein named may distinguish between can¬ 
didates nominated by primary and those nominated by peti¬ 
tions. A party or political designation certified by peti¬ 
tioners in nominating petitions at any election may be re¬ 
jected if, from similarity to the name of any existing polit¬ 
ical party, such officers deem it likely to mislead or con¬ 
fuse voters. (103 V. 845.) 

Section 5010. If a person nominated as herein pro¬ 
vided die, withdraw, or decline the nomination, or if a cer¬ 
tificate of nomination is insufficient or imperfect, the va¬ 
cancy thus occasioned, may be filled or the defect corrected 
in the manner required for original nominations. Such 
nomination to fill a vacancy, or corrected certificate must 
be certified to the secretary of state at least thirty days or 
to the board of deputy state supervisors at least twenty- 
five days previous to the day of election. If, when the orig¬ 
inal nomination was certified, there was certified a com¬ 
mittee authorized to represent the party, as herein pro¬ 
vided, it may fill such vacancy. (102 v. 417.) 

After the secretary of state has sent the form of the balloi 
to the deputy state supervisors it is too late to omit the name of a 
withdrawing candidate, there being no nomination to fill the vacancy. 

State Ex rel. Fitzsimmons v. Taylor, 55 O. S. 385. 

Section 5011. When a committee so authorized fills 
any such vacancy, the chairman and secretary thereof shall 
thereupon make and file with the proper officer a certificate, 
setting forth the cause of the vacancy, the name of a per¬ 
son nominated, the office for which nominated, the name of 
the person for whom the new nominee is to be substituted 
and such other information as is required to be given in an 
original certificate of nomination. The certificates so made 
shall be executed, acknowledged and sworn to in the man¬ 
ner prescribed for the original certificate of nomination, 
and, upon being filed with the secretary of state at least 
thirty days, or with the board of deputy state supervisors 
at least twenty-five days, before the day of election, shall 
have the same force and efifect as an original certificate of 
nomination. (102 v. 417.) 

Section 5012. A vacancy caused by the death of a 
candidate which occurs after the printing of the ballots may 
be filled by filing the proper certificate with the secretary 
of state at least ten days, and with the deputy state super¬ 
visors at least five days, before the day of election. The 
name, office, and party of the candidate so nominated shall 
be printed on adhensive slips or pasters by the board of 
deputy state supervisors, and shall be delivered to the 


Chap. 7 


NOMINATION OF CANDIDATES. 


109 


judges of election in each precinct before the opening of' 
the polls and by them pasted in the proper place on the 
ballot before it is handed the elector. (103 v. 845.) 

Note: — Where a nomination has been duly certified to the 
board with whom it should properly be filed, and the candidate so 
nominated fails to withdraw or decline the nomination prior to 
the time when the nomination is required by law to be certified to 
the other counties, the name of the candidate cannot be stricken 
from the ballot. In contemplation of law the ballot is printed and 
there is no way of taking the name off the ticket. 

State Ex rel. v. Taylor, 55 O. S. 585 . 

Pasters can only be used in cases where nominations have 
been originally made and a vacancy occurs upon the ticket after 
the ballot has been printed. 

Section 5013- The power to fill vacancies on a party 
ticket shall be vested in the central committee of such party 
or in the case of a vacancy occurring in a list of candidates 
nominated by petition in the committee named in such 
petition. (103 v. 845.) 

Section 5014. If the certificate of nomination of any 
state convention requests that the figure or device selected 
by such convention shall be used to designate the candidates 
of such party on the ballots for all elections throughout 
the state, such figure or device shall be used until changed 
by request of a subsequent state convention of the same 
party. Such device may be the figure of a star, an eagle, 
a rooster, a flower, a plow or some other appropriate sym¬ 
bol. The coat of arms or seal of the state or of the United 
States, the national flag or any other emblem common to 
the people at large shall not be used as such device. (89 v. 

437 § 12.) 

The state supervisor of elections is not required by Section 
12 of the Australian Ballot Law, Bates R. S. 296 ( 1 - 25 , to cause to 
be printed on the ballots to be used at an electioon, a device se¬ 
lected and certified by a state convention- which did not represent 
a political party that at the next preceding election polled at 
least one per cent, of the entire vote cast for the state; nor a 
device certified in nomination papers for a ticket nominated by 
that method. 

State Ex rel. Lewis v. Kinney, Secretary, 57 O. S. 221 . 

Section 5015. Immediately after the expiration of 
The time within which certificates of nomination and nom¬ 
inating petitions may be filed and within which objections 
thereto may be made, as provided in the preceding sections, 
they shall be certified as follows: 

The state supervisor of election shall certify the nom¬ 
inations so filed with him, together with a form of official 
ballot therefor, to the several boards of deputy state super¬ 
visors of the counties of the state. 

The chief deputy state supervisor of the district or 
subdivision with whom the certificates of district or sub¬ 
division nominations have been filed shall immediately 
certify such nominations to the boards of deputy state 


Vacancies 
shall be 
filled by 
central 
committee. 


Device to 
designate 
party can¬ 
didates. 


Transmission 
of certified 
copies of 
certificates. 


no 


NOMINATION OF CANDIDATES. 


Chap. 7 


supervisors in each of the other counties in such district or 
subdivision. 

The board of deputy state supervisors of the county 
containing the majority population of a municipality sit¬ 
uated in two or more counties, shall immediately certify to 
the boards of deputy state supervisors of the other county 
or counties, copies of the certificates of nominations and 
nomination papers of such municipal officers or members 
of the board of education that have been filed with such 
board. (103 v. 420.) 


CHAPTER 8. 

BALLOTS AND SUPPLIES. 


Section 

5016. Names of candidates shall be placed 

on same ballot. 

5017. Contents of official ballot; arrangement 

of tickets; names of candidates for 
president and vice president. 

5018. Arrangement of tickets on ballot. 
5018-1. When names of several persons are 

grouped as candidate’s for same 
office. •* 

5019. How constitutional amendment shall be 

submitted. 

5020. When other question is submitted. 

5021. Provisions relating to printed form of 

ballot; form of ticket for presidential 
electors. 

5022. Indorsements specified 

5023. Ballots. 

5024. Main and secondary stubs. 

5025. General provisions relative to printing 

ballots. 

5026. Device and circle at head of ticket. 

5027. Separation of party tickets by borders. 

5028. Separate ballots for township officers 

provided, when; ballots for candi¬ 
dates grouped for same office. 

5029. Separate ballots for each precinct. 

5030. Municipalities containing less than fifty 

voters. 

5031. Territory annexed for school purposes. 

5032. Ballots for school board. 

5033. How ballot for school board printed. 

5034. School districts in cities. 

5035. Ballots for assessor of real property. 

5036. Submision of proof of ballot. 

5037. Sealing and delivery of ballots. 

5038. Delivery of ballots and supplies. 


Section 

5039. Delivery of ballots in registration 

cities. 

5040. Replacing of supplies lost or destroyed. 

5041. Opening of packages; cards of in¬ 

struction. 

5042. Extra ballots. 

5043. Compensation of judges or chairman 

called to deliver ballots and supplies. 

5044. Voting shelf. 

5045. Who permitted within guard rail. 

5046. Placing of equipment for election. 

5047. Secretary of state shall furnish forms 

for guidance of board. 

5048. Poll books and tally sheets. 

5049. Poll books and tally sheets for school 

elections. 

5050. Contract for printing ballots and other 

supplies. 

5051. Bond of bidder for printing. 

5052. Election expenses, how paid. 

5053. Apportionment of expenses. 

5054. Tax levy. 


ELECTION OF JUDGES. 

1467. Chief justice, election, term. 

1468. Election of judges. 

1514. The court of appeals; term of judges; 
jurisdiction. 

5C54-1. Election of judges. 

5054-2. Judicial ticket. 

5054-3. Form of official ballot certified to dep¬ 
uty state supervisors and inspectors. 
5054-4. Number of ballots, how divided. 

5054-5. Marking. 


Section 5016. Except as in this chapter provided, Names of can 
the names of all candidates to be voted for on the first 
Tuesday after the first Monday in November shall be ballot, 
placed upon the same ballot. (99 v. 399 § 3.) 


Sec. 5017. Every ballot intended for the use of elec- contents of 
tors, printed in accordance with the provisions of this chap- rtngeLen^ ot 
ter, shall contain the names of all the candidates whose nom- tickets; ^ 
inations for any offices specified in the ballot have been ?[cl*prTsident. 
duly made and not withdrawn in accordance herewith, ar¬ 
ranged in tickets or lists under the respective party or 
political or other designation certified, at the elections when 
presidential electors are to be voted for, the secretary of 
state shall place the names of the candidates for president 
and vice president on the proper ticket, immediately fol¬ 
lowing the name of the party, and immediately preceding 
the names of the presidential electors. (106 v. 346.) 


Section 5018. In general the arrangement of the ballot Arrangement 
shall conform as nearly as practicable to the plan herein- of^dckets on 
after given. The tickets of the various political parties ® ° * 
shall be printed in parallel columns headed by the chosen 
device upon a shaded background, and the party names in 


111 



II2 


BALLOTS AND SUPPLIES. 


Chap. 8 


When names 
jt several 
persons are 
grouped as 
candidates for 
same office. 


How constitu¬ 
tional amend¬ 
ments shall be 
submitted. 


such order as the secretary of state directs, precedence be¬ 
ing given to the political party which held the highest num¬ 
ber of votes for governor at the next preceding Novemebr 
election, and so on. The tickets, or lists, of candidates 
nominated by nomination papers, with their party names or 
designations, shall be printed at the right of and parallel 
with the tickets of political parties in such order as the 
secretary of state directs, precedence being given to the 
order herein prescribed for party tickets. No ticket or list 
of candidates containing more candidates for any office than 
are to be elected shall be printed under the name of any 
party. (104 v. ii.) 

It is the imperative duty of the secretary of state, as state 
supervisor of elections, to send to the deputy supervisors the form 
of ballot to be used at an approaching election immediately upon 
the expiration of the time allowed for correcting the certificates 
of nomination. 

The secretary having rightly performed that duty properly re¬ 
fused to instruct the deputy supervisors to omit from the ticket the 
name of a candidate who subsequently withdrew there being no 
nomination to fill the vacancy. 

State Ex rel. Fitzsimmons v. Taylor, Secretary, 55 O.’ 

S. 385. 

Sectiion 5018 - 1 . Where the names of several persons 
are grouped together upon the ballots as candidates for the 
same office, the ballot shall contain, immediately above the 
names of such candidates the words “Vote for not more 
than.. .” (filling the blank space with the num¬ 

ber of persons who may lawfully be elected to such office). 
(103 V. 27 .) 

Section 5019 . When an amendment to the constitu¬ 
tion is to be submitted to the electors for their approval or 
rejection, such amendment shall be sO' submitted on a sep¬ 
arate ballot at the top of which shall be printed the words 
“Proposed Amendment to the Constitution,” or, if more 
than one such amendment is submitted at the same election, 
such heading shall be “Proposed Amendments to the Con¬ 
stitution.” Each amendment shall be stated thereon in 
language sufficient to clearly designate it, which statement 
shall be printed in a space defined by ruled lines with two 
squares to the left thereof, the upper of which shall con¬ 
tain the word “Yes,” and the lower the word “No.” There 
shall be two similar blank squares, one on the left of that 
containing the word “Yes,” and one to the left of that 
containing the word “No.” Persons desiring to vote in 
favor of any such amendment shall do so by making a 
cross mark in the blank square to the left of the word 
“Yes,” and those desiring to vote against the same shall 
do so by making a cross mark .in the blank square to the 
left of the word “No.” More than one. such amendment 
may be submitted on the same ballot. The provisions of 
this title, so far as practicable, shall apply to the marking 



Chap. 8 


BALLOTS AND SUPPLIES. 


of ballots and the counting of votes upon any constitutional 
amendments so submitted. All such ballots shall be de¬ 
posited in a separate ballot box. (103 v. 554 .) 

If the majority of the electors voting on the same shall adopt 
such amendments the same shall become a part of the constitution. 
(Constitution, article 16, section 1.) 

Section 5020. When the approval of a question when other 
other than a constitutional amendment, is to be submitted question is 

1 submitted. 

to a vote, such question shall be printed on a separate bal- 
lot and deposited in a separate ballot box, to be presided 
over by the same judges and clerks of election. (07 v. 231 
§18.) 

Section 5021. The ballot shall be so printed as to 
give each elector a clear opportunity to designate by a cross 
mark in a large blank circular space, three-quarters of an 
inch in diameter, below the device and above the name of 
the party at the head of the ticket or list of candidates his 
choice of a party ticket and desire to vote for each and 
every candidate thereon, and by a cross mark in a blank 
enclosed space on the left and before the name of each can¬ 
didate his choice of particular candidates. Provided that 
on the ticket for presidential electors blank enclosed spaces 
shall not be provided on the left and before the names of 
the presidential electors. A cross mark in the large blank 
circular space above the name of the party at the head of 
said ticket shall constitute a vote and be counted as such 
for each of the presidential electors thereon. (103 v. 22 .) 

Section 5022 . On the back of the ballot shall be 
printed “official ballot,” the date of'the election and fac- 
simile of the signatures of the officers who have caused specified, 
the ballots to be printed; provided, that all ballots con¬ 
taining names of candidates for municipal, township, board 
of education, and assessor or assessors of real property 
offices, shall have printed on the back, “official municipal 
ballot,” “official township ballot,” “official board of educa¬ 
tion ballot,” “official assessor of real property ballot,” 01 
“official assessors of real property ballotj” or by such other 
name as may properly describe the ballot, as the same may 
be, followed by the date of the election and facsimile of the 
signatures of the officers who have caused the ballots to be 
printed. (loi v. 34 .) 

Section 5023 . The ballots shall be printed on the Ballots, 
same leaf with a double stub and separated therefrom by a 
perforated line and shall be bound with the stub attached 
thereto in books or blocks, one for each voting precinct, 
which book or block shall contain at least twenty-five per 
cent, more ballots than there were votes cast at such pre¬ 
cinct at the preceding general election. Upon the covers 
of such books or blocks shall be printed the designation of 
the precinct for which the ballots have been prepared. (lOi 
V. 228 .) 

8 E. L. 


Provisions re¬ 
lating to 
printed form 
of ballot. 


Form of ticket 
for presi¬ 
dential 
electors. 


Chap. 8 


114 


Main and 
secondary 
stubs. 


General pro¬ 
visions rela¬ 
tive to print¬ 
ing ballots. 


Device and 
circle at head 
of ticket. 


Separation of 
party tickets 
by borders. 


BALLOTS AND SUPPLIES. 

Section 5024. The main stub shall be printed as fol¬ 
lows: Consecutive number ., (after these words 

the consecutive number shall be printed, beginning with one 
and increasing in regular numerical order) ; the deputy state 
supervisors may direct that such consecutive numbers shall 
not be printed but shall be written by the ballot officer be¬ 
fore delivering the ballot to the elector. 

Name of voter. (After these 

words, the clerk shall write the voter’s name.) 

Residence . (After this word the 

clerk in cities where registration is required shall write the 
voter’s residence.) 

The secondary stub shall be printed as follows: 

Name of voter or registered number. (After 

the?^ words, in precincts where the registration law is in 
force, the clerk shall write the registered number of the 
voter, and in other precincts, he shall write the voter’s 
name.) (97 v. 231 § 18.) 

Section 5025. All ballots shall be printed on the best 
quality, number two, book paper, in black ink, and, with 
the exception of the heading, which shall be in display, 
in bevier type, the name or designation of the office in 
lower case, and the name of the candidate therefore in 
capital letters, with a space of at least one-fifth of an inch 
following each name. The name of each candidate shall 
be printed in a space defined by ruled lines, and with a 
blank square on its left, enclosed by heavy, dark lines. If 
upon a ticket there is no candidate or candidates for a 
designated office, a blank space, equal to the space that 
would be occupied by such name or names if they were 
printed thereon with the blank spaces herein provided for, 
shall be left. (97 v. 231 § 18.) 

Section 5026. The heading of each party ticket, in¬ 
cluding the name of the party, the device above, and the 
large circle between the device and such name, shall be. 
separated from the rest of the ticket by a heavy line, and 
the circle above the name of the party in which the voter 
is to place the cross mark, if he desires to vote the straight 
ticket, shall be defined by heavier lines than the lines de¬ 
fining the blank spaces before the names of candidates, and 
such circle shall be surrounded by the following words, 
printed in heavy face nonpareil type: “For a straight ticket 
mark within this circle.” (97 v. 231 § 18.) 

Section 5027. Each party ticket shall be separated 
from other party tickets and bordered on each side by a 
heavy border or a broad solid line at least one-eighth of an 
inch wide, and the edges of the ballot on each side trimmed 
off up to the border or solid line described. 






Chap. 8 


BALLOTS AND SUPPLIES. 


II5 


[Main stub.] 

Consecutive number. 

Name of voter. 

Residence. 

[Secondary stub.] 

Name or registered number of voter 


Device. 

Device. 

Device. 




<• 

j 

* (1 

* \\ 

T \ 

r 

\\ * 

1 ^ 

// .j 

^ // <^ 

V yy ^ 

♦ 

Oj 
4 . y 
* 11 

♦ l\ 

r \ 

II * 

II 

^ ,7 

X _ 

1 

0// 

4 .! 

* II 

* \\ 

V 

“f 

If w 

// «j 

. y/ 

TV''’ 

^**IN TV'' 


Republican Ticket. 

Den 

locratic Ticket. 

Prol 

libition Ticket. 


For Governor, 
Name. 


For Governor, 
Name. 


For Governor, 
Name. 


















































(97 V. 231 § iS.) 









































ii6 


BALLOTS AND SUPPLIES. 


Chap. 8 


Separate bal¬ 
lots for town¬ 
ship officers 
provided, 
when. 


Ballot for 
candidates 
grouped for 
same office. 


Separate bal¬ 
lots for each 
precinct. 


Municipalities 
containing 
less than 
fifty voters. 


Territory an¬ 
nexed for 
school pur¬ 
poses. 


Ballots for 
school board. 


IIow ballot 
for school 
board 
printed. 


Section 5028. The names of candidates for municipal 
offices and the names of candidates for township offices 
shall be printed upon separate ballots, unless the corporate 
limits of the municipalities are identical with those of a 
township. Separate ballots shall be provided in all town¬ 
ships and in municipalities having a population of less than 
two thousand in which no primary is had for making nomi¬ 
nations, which ballots so intended for the use of voters shall 
be so arranged and printed that the names of all candi¬ 
dates, whose nominations for any offices specified in the 
ballot have been duly made, will be grouped under the 
designation or title of the office for which nominated, in 
alphabetical order according to surnames. A single blank 
line or space shall be left at the end of the list of candi¬ 
dates for each different office. (103 v. 520.) 

Section 5029. In election precincts composed of a 
township or a part thereof, or a municipality or a part 
thereof, there shall be provided for all elections separate 
ballots for each precinct, so as to enable electors residing 
in such precinct to cast their votes for the proper candidates 
in such precinct; and there shall be provided separate bal¬ 
lots for each district portion of such precinct which shall 
contain the names of the candidates for members of the 
board of education for whom electors residing in such dis¬ 
trict are entitled to vote. (98 v. 234 § 15.) 

Section 5030. When a municipality contains less than 
fifty voters in the same township, the deputy state super¬ 
visors may provide a separate ballot and ballot box for such 
voters at the regular polling place in an adjoining precinct 
of the same county. (98 v. 234 § 15.) 

Section 5031. When territory annexed to a village 
for school purposes is included within such village precinct, 
separate ballots, ballot box, poll books and tally sheets shall 
be provided for such voters in municipal elections, presided 
over by the judges and clerks of elections of such precinct 
(98 V. 234 § 15.) 

Section 5032. The names of candidates for members 
of the board of education of a school district, however 
nominated, shall be placed on one independent and separate 
ballot without any designation whatever, except for mem¬ 
ber of board of education and the number of members to be 
elected. (98 v. 116 § i.) 

Section 5033. The ballots for members of the board 
of education shall be prepared and printed as follows: The 
whole number of ballots to be printed for the school dis¬ 
trict shall be divided by the number of candidates for mem¬ 
ber of board of education of the district, and the quotient 
so obtained shall be the number of ballots in each series 
of ballots to be printed. The names of candidates shall be 
arranged in alphabetical order and the first series of bal¬ 
lots printed. Then the first name shall be placed last and 
the next series printed, and so shall the process be repeated 


Chap. 8 


BALLOTS AND SUPPLIES. 


until each name shall have been first. These ballots shall 
then be combined in tablets with no two of the same order 
of names together, except when there is but one candidate. 

(98 V. 116 § 2.) 

Section 5034. In city school districts, the ballots for school dis- 
each subdistrict shall contain the names of the candidates 
for member of the board of education from such subdis- 
trict and also the names of the candidates to be elected at 
large. (97 v. 354 § i-) 

Section 5035. The names of candidates for assessor Ballots for 
of real property, however nominated, shall be placed on one reS^prope^^y 
independent and separate ballot without any designation 
whatever, except for assessor of real property and the num¬ 
ber of assessors to be elected. The ballots for the election 
of such assessors shall be prepared and printted in the man¬ 
ner herein provided for the election of members of the 
board of education. (100 v. 81 § i.) 

Section 5036. After the letting of the contract for submission of 
the printing of the ballots, as hereinafter provided, the goof of 
proper officer or board shall secure from the printer and 
exhibit to the chairman of the local executive committee of 
each party represented on the ballot, for inspection and the 
correction of any errors appearing thereon, a printed proof 
of the ballots to be printed for use at the election. (98 v. 

234 § IS-) 

Section 5037. The person to whom the contract for sealing and 
printing ballots is let shall, in the presence of the deputy Jlljots'^^ 
state supervisors, seal up securely in packages, one for each 
precinct in the county or municipality, as the case may be, 
the designated number of ballots to be printed for such 
precinct and endorse thereon the number of ballots so 
printed and sealed up and deliver them to the deputy state 
supervisors at such times as they direct. (98 v. 234 § 15.) 

Section 5038. Not less than three days before an Delivery of 
election, the board of deputy state supervisors shall sum- 
mon the presiding judge of elections in each precinct in 
such county to appear forthwith and receive the necessary 
blanks, poll books, tally sheets, certificates, cards of instruc¬ 
tion and ballots for such precinct, and shall deliver to him 
the sealed packages of ballots, blanks, poll books and other 
required papers, all of which such judge shall safely de¬ 
liver and have on hand at the polling place in his precinct 
before the time for the opening of the polls therein. If the 
presiding judge so sumomned does not appear, the board 
shall send the ballots, books and other required papers to 
the election officers of the precinct, so as to be received by 
them in time for the election. (97 v. 229 § 16.) 

Section 5039. In registration cities, when the pre- Delivery of 
siding judge or chairman is chosen at the meeting of the 
registrars and judges of election on the evening preceding cities, 
a November election, as provided by law or on the evening 


ii8 


BALLOTS AND SUPPLIES. 


Chap. 8 


Replacing of 
supplies lost 
or destroyed. 


Opening of 
packages; 
cards of 
instruction. 


Extra 

ballots. 


Compensation 
of judge or 
chairman 
called to de¬ 
liver ballots 
and supplies. 


preceding a special election, such judge, immediately after 
such meeting, shall call at the office of the board of deputy 
state supervisors for such packages and the board shall 
deliver the poll books, tally sheets, cards of instruction and 
other supplies to him. In a registration city having a pop¬ 
ulation of three hundred thousand or more, the board, by 
resolution, may provide for the delivery of ballots through 
the agency of the police force of such city. (97 v. 229 
§ 16.) 

Section 5040. If, by accident or casualty, the ballots or 
other required papers delivered to a judge of election or 
other messenger shall be- lost or destroyed, the person 
charged with the custody thereof shall report the loss at 
once to the board of deputy state supervisors from which 
they were obtained, and make affidavit of the circumstances 
of the loss, whereupon the board shall at once resupply 
such person. If such person fails or refuses to report and 
make proof of the loss, any qualified elector may do so, 
and thereupon a new supply shall be sent by special mes¬ 
senger, as provided in other cases. (97 v. 230 § 17.) 

Section 5041. At the opening of the polls in each 
precinct the seals of such packages shall be publicly broken, 
and the packages shall be opened by the presiding officer. 
The cards of instruction shall be immediately placed in each 
voting shelf or compartment hereinafter provided for the 
marking of ballots, and in such other places as the election 
officers may select. (97 v. 230 § 17.) 

Section 5042. If no ballots have been delivered at 
a polling place before the opening of the polls, or if during 
the time the polls remain open extra ballots shall be required, 
the board of deputy state supervisors, upon a requisition in 
vcriting, signed by a majority of the election judges of such 
precinct, wherein the reason for demanding such ballots 
shall be given, shall supply them as speedily as possible, and, 
if necessary, extra ballots may be printed for this purpose. 
Extra ballots so printed shall conform as nearly as possible 
to the original ballots and the printing and care of them 
shall be under the same provisions and penalties as the 
printing and care of other ballots. If neither the official 
ballots nor extra ballots so prepared are ready for distribu¬ 
tion at any polling place, or if the supply of ballots is ex¬ 
hausted before the polls are closed, unofficial ballots may 
be used, so that no elector for lack of a ballot shall be de¬ 
prived of his franchise. (97 v. 230 § 17.) 

Section 5043. The judge of elections called by the 
deputy state supervisors to receive and deliver ballots, poll 
books, tally sheets and other required papers, shall receive 
two dollars for such service, and, in addition thereto, mile¬ 
age at the rate of five cents per mile to and from the 
cduntv seat, if he lives one mile or more therefrom. 

The judge of elections carrying the returns to the 
deputy state supervisors, and the judge carrying the returns 


Chap. 8 


BALLOTS AND SUPPLIES. 


II9 


to the county or township clerk, or clerk or auditor of the 
municipality, shall receive like compensation. 

In cities where registration is required, the chairman 
selected at the meeting for organization shall receive one 
dollar for calling for the sealed package of ballots. (07 

V. 237 § 36.) 

Section 5044. The board of deputy state supervisors voting 
shall provide a sufficient number of voting shelves for each 
polling place at which electors may conveniently mark their 
ballots, so that in the marking thereof they shall be pro¬ 
tected from the observation of others by cloth screens, or 
other device, extending from the top of the booth to a level 
with or below the voting shelf. The number of such vot¬ 
ing shelves shall not be less than one for every seventy-five 
electors qualified to vote at such polling place. Each vot¬ 
ing shelf shall be provided with proper supplies and con¬ 
veniences for marking the ballot. (97 v. 234 § 19.) 


Section 5054. A guard rail shall be so constructed 
and placed that only such persons as are inside such rail can 
approach within six feet of the ballot boxes or of the vot¬ 
ing shelf. The arrangement shall be such that neither the 
ballot boxes nor the voting booths shall be hidden from 
view of those outside the guard rails. No person other than 
the judges of elections and such officers as are provided for 
by law, and electors admitted as hereinafter provided, shall 
be permitted within the guard rail, except by authority of 
the election officers for the purpose of keeping order and 
enforcing the law. (97'v. 234 § 19.) 

Section 5046. After each election, the judges of elec¬ 
tions of each precinct shall see that the booths, guard rails 
and other equipment are returned to the clerk of the town¬ 
ship, or clerk or auditor of the corporation, in which the 
precinct is situated, for safekeeping. Such clerk or auditor 
shall have booths and equipments on hand and in place at 
the polling place in each precinct, before the time for open¬ 
ing the polls on election day, and for this service the board 
of deputy state supervisors may allow the necessary ex¬ 
penses incurred. In registration cities, this duty shall de¬ 
volve on the board of deputy state supervisors. (97 v. 234 

§ 19-) 

Section 5047. The secretary of state shall prepare 
and furnish boards of deputy state supervisors of the several 
counties, for their guidance, forms of all the blanks, cards 
of instruction, poll books and tally sheets, certificates of 
nomination and designs, required herein for the conduct of 
elections. (90 v. 268 § 2.) 

Section 5048. The board of deputy state supervisors 
of each county shall furnish at the expense of the county 
and at least five days before the day of election, the neces¬ 
sary poll books and tally sheets required in each voting pre¬ 
cinct in the county for presidential, congressional, state, 
county, township, municipal or other elections. (R. S. Sec. 
1252.) 


Who per- 
mittea 
within 
guard rail. 


Placing 
equipment 
for election. 


Secretary of 
state shall 
furnish forms 
for guidance 
of boards. 


Poll books 
and tally 
sheets. 


120 


BALLOTS AND SUPPLIES. 


Chap. 8 


Poll books 
and tally 
sheets for 
school elec¬ 
tions. 


Contract for 
printed bal¬ 
lots and 
other sup¬ 
plies. 


Bond of bid¬ 
der for 
l)rinting. 


Election ex¬ 
penses, how* 
paid. 


Apportion¬ 
ment of 
expenses. 


Section 5049. There shall be separate poll books and 
tally sheets for all elections for school purposes and the bal¬ 
lots of the electors at such election shall be deposited in a 
separate .ballot box. (97 v. 354 § i.) 

Section 5050. The printing provided for in this chap¬ 
ter, except poll books and tally sheets, shall be let by the 
board of deputy state supervisors to the lowest responsible 
bidder in the county, upon ten days’ notice published not 
more than three times in two leading newspapers of oppo¬ 
site politics published in such county. In case of special 
elections, the board may give notice by mail, addressed td 
all the printing offices within the county instead of publish¬ 
ing such notice. (98 v. 234 § 15.) 

Note: — It is not an abuse of discretion in the board of 
deputy state supervisors of elections to give the contract for the 
printing of the ballots to a higher bidder where there is danger 
that the lower bidder may by a strike of his employes be prevented 
from furnishing the ballots at the proper time, to be used at the 
election. 

The presumption is that public officers — in this case the deputy 
state supervisors of elections — have exercised a sound discretion, 
and the burden of proof is on plaintiff to show, with that clearness 
which is always necessary to move a court of equity to interfere, 
a state of facts which would constitute an abuse of discretion. 

Pugh Printing Co. v. Deputy State Supervisors, 22 
C. C. 584. 

“The Board of Elections cannot be interfered with iu matters 
of detail pertaining to the printing of the official ballots.” 

State Ex rel. v. Ehrman, 2 O. D. 398; also see 40 
O. D. 505. 

Section 5051. Each bill for such printing must be 
accompanied by a bond with at least two sureties, satis¬ 
factory to the board of deputy state supervisors, in a sum 
double the amount of the bid, conditioned for the faithful 
performance of the contract for such printing as may be 
awarded him, and for the payment as liquidated damages 
by such bidder to such board of any excess of cost over 
the bid or bids which the board may be obliged to pay 
for such work by reason of the failure of the bidder to 
couiplete his contract. No bid unaccompanied by such 
bond shall be entertained by the board. (97 v. 116 § 15a.) 

Section 5052. All expenses of printing and distrib¬ 
uting ballots, cards of explanation to officers of the election 
and voters, blanks, and other proper and necessary expenses 
of any general or special election, including compensation 
of precinct election officers, shall be paid from the county 
treasury, as other county expenses. (99 v. 84 § 14.) 

Section 5053. In November elections held in odd 
numbered years, such compensation and expenses shall be 
a charge against the township, city, village or political di¬ 
vision in which such election was held, and the amount so 
paid by the county shall be retained by the county auditor 
from funds due such township, city, village or political di¬ 
vision, at the time of making the semi-annual distribution of 




Chap. 8 BALLOTS AND SUPPLIES. 

taxes. The amount of such expenses shall be ascer¬ 
tained and apportioned by the deputy state supervisors to 
the several political divisions and certified to the county 
auditor. In municipalities situated in two or more counties, 
the proportion of expenses charged to each of such coun¬ 
ties shall be ascertained and apportioned by the clerk or 
auditor of the municipality and certified by him to the 
several county auditors. (99 v. 84 § 14.) 

Section 5054. County commissioners,township trus¬ 
tees, councils, boards of education or other authorities, 
authorized to levy taxes, shall make the necessary levy to 
meet such expenses, which levy may be in addition to all 
other levies authorized or required by law. (99 v. 84 

§ 14.) 

ELECTION OF JUDGES. 

Section 1467. A chief justice shall be elected every 
six years, beginning in 1914, to hold his office for a term 
of six years commencing on the first day of January next 
after his election. Until a chief justice is so elected and 
qualified, the governor shall appoint a chief justice. Va¬ 
cancies occurring in the office of chief justice of the su¬ 
preme court, shall be filled in the manner prescribed for the 
filling of vacancies in the office of judge of the supreme 
court. (103 V. 408.) 

Section 1468. Two judges shall be chosen in each 
even numbered year. Each judge shall hold his office for a 
term of six years, commencing on the first day of January 
next after his election. (103 v. 408.) 

Section 1514. The court of appeals shall consist of 
three judges in each district, one of whom shall be chosen 
every two years, and shall hold his office for six years, 
beginning on the ninth day of February next after his elec¬ 
tion. In addition to the original jurisdiction conferred upon 
it by section six of article four of the constitution, the 
court on good cause shown, may issue writs of supersedeas 
in any case, and all other writs not specially provided for, 
nor prohibited by statute, which may be necessary to en¬ 
force the due administration of justice. (103 v. 411.) 

Section 5054-1. The election of a chief justice of 
the supreme court, judges of the supreme court, judges of 
the court of appeals, judges of the courts of common pleas, 
judges of the probate courts, justices of the peace, and 
judges of all other courts which are or may be established 
by law, shall be governed and controlled by the general elec¬ 
tion laws of this state except as is otherwise provided by 
this act. (103 v. 421.) 

Section 5054-2. The names of all candidates for 
election to any of the judicial offices specified in Sec¬ 
tion I of this act, whose nominations have been duly made, 
and not withdrawn, shall be placed upon a separate 
and independent ballot, entitled, Ticket,” without 

any designation whatever, except the office or offices to 


I2I 


Tax levy. 


Chief justice, 

election, 

term. 


Election of 
judges. 


The court of 
appeals; 
term of 
judges; juris¬ 
diction. 


Election of 
judges. 


Judicial 

ticket. 


122 


ELECTION OF JUDGES. 


Chap. 8 


Form of 
official ballot 
certified to 
deputy state 
supervisors 
and inspec¬ 
tors. 


Number of 
ballots, how 
divided. 


Arrangement 
of candidates. 


Blank space. 


Marking. 


which said candidates are to be elected, and the number of 
candidates required to be elected to each such office, and 
such directions as will aid the elector as “vote for one,” 
“vote for two,” and the like and such certification of the 
election officers upon the back of the ballot as is prescribed 
by law. There shall be separate poll books and tally sheets 
used for the election of all such judicial officers, and the 
ballots of the electors shall be deposited in a separate ballot 
box. (i 02 V. 6.) 

Section 5054-3. The secretary of state, at the 
time he certifies to the boards of deputy state supervisors 
and inspectors of elections a form of official ballots for the 
general election, shall also certify to the several deputy 
state supervisors and inspectors of elections a form of offi- 
citl ballot for such judicial ticket, and it shall then be the 
duty of the several deputy state supervisors and inspectors 
of elections to proceed with the printing of the poll books, 
tally sheets, and ballots for such judicial election, and to 
perform all and singular the duties prescribed by law for 
the conduct of the general elections, in so far as the same 
are applicable. (102 v. 6.) ^ 

Section 5054-4. The ballots shall be printed and 
prepared as follows: The whole number of ballots to 
be printed for the election of persons to fill each of said 
offices respectively shall be divided by the number of can¬ 
didates for each of said offices respectively, and the quotient 
so obtained shall be the number of ballots in each series of 
ballots to be printed as follows: The names of candidates 
shall be arranged in alphabetical order and the first series 
of ballots printed; then the first name shall be placed last 
and the next series printed, and so shall the process be re¬ 
peated until each name shall have been first. These ballots 
shall then be combined in tablets with no two of the same 
order of names together, except when there is but one can¬ 
didate for any of said offices. The names of candidates for 
the same office but for different terms of service therein, 
shall be arranged in groups according to the length of their 
respective terms. Blank spaces shall be left at the end of 
the list of candidates for each office equal to the number to 
be elected thereto, in which the voter may insert the name 
of any person not printed on the ballot for whom he de¬ 
sires to vote for such office. The ballots shall be so printed 
as to give each elector a clear opportunity to designate by a 
cross mark in a blank enclosed space on the left and before 
the name of each candidate his choice of particular candi¬ 
date. (102 V. 6.) 

Section 5054-5. A cross shall be placed at the 
left of the name of each candidate for whom the elector 
desires to vote. The person having the largest number of 
votes for each office voted upon shall be decided elected to 
such office, and the next highest, and so on, until the num- 


Chap. 8 


ELECTION OF JUDGES. 


123 


her of candidates required to be elected shall have been se¬ 
lected from the number having the highest number of votes. 
(102 V. 7.) 

Act to provide for the election of judicial officers by separate 
ballot is a valid exercise of legislative power and not repugnant to 
the constitution. 

State Ex rel. Weinberger v. Miller, 87 O. S. 12 


CHAPTER 9. 

CASTING AND COUNTING OF VOTE. 


Section 

5055 . Where electors shall vote. 

5050 . Polls open from 5:30 a. m. to 5:30 
p. m. 

5057 . Judges shall open ballot boxes; exam¬ 

ination. 

5058 . Appointment of party challengers. • 

. 5050 . Oath of challengers. 

. 5000 . Who may challenge voters. 

. 5001 . Challenge; oath; question?. 

. 5002 . \'ote rejected when person refuses to 

answer. 

5003 . Further oath if challenge not with¬ 

drawn. 

5004 . Rejection of person who refuses to 

take oath or is not qualified. 

. 5005 . W'hen clerk to enter on poll book the 
word “Sworn.” 

5000 . Entry of name and residence of voter 
upon stubs. 

5 H) 7 . Delivery of ballot to elector. 

5008 . Provisions as to use of voting shelves. 
, 5000 . General provisions relating to marking 
of ballot. 

. 5070 . Rules to be observed in marking ballot. 
. 5071 . Substitution when no nomination made 
or nominee omitted. 

5072 . Folding of ballot. 

5073 . How ballot received and deposited. 
. 5074 . How secondary stub disposed of. 

. 5075 . When person is deemed to have voted. 
. 507 ( 1 . Return of unvoted ballot. 

. 5077 . Number of persons in booths and 
within guard rail. 

. 5078 . When electors may receive assistance 
in marking ballots. 

5079 . Unofficial ballots shall not be deposited 
in ballot box. 

. 5080 . Party inspector may be designated and 
admitted to polling place. 


Nomination of inspectors when ques¬ 
tion submitted; inspectors to the 
count in each precinct. 

5081 . Certificate and proclamation of vote 

cast. 

5082 . Opening of ballot box and counting of 

ballots. 

5083 . Counting of votes. 

5084 . When name printed on ticket fraudu¬ 

lently. 

5085 . When two or more ballots are folded 

together. 

5086 . When a ballot contains too many 

names. 

5087 . Ballot may contain less names than 

authorized. 

5088 . Tally sheet entries. 

5089 . Proclamation of result and certified in 

triplicate; unofficial count certified to 
secretary of state on day following 
election. 

5090 . Preserving and counting of disputed 

ballots. 

5090 - 1 . Preservation of all ballots; when and 
how ballots shall be destroyed; 

, opening in contested cases. 

5090 - 1 . Presidential elections. 

5090 - 2 . Order to strike from register names 
illegally registered; how obtained. 
5090 - 3 . Register or arrival and departure of 
guests; affidavit; penalty. 

5090 - 4 . Power of board to require report; 

penalty for neglect to furnish list. 
. 5091 . Period during which judges and clerks 
shall not separate or leave polling 
place. 

5 ( 92 . Election officers cannot be candidate 
except for committeeman or dele¬ 
gate. 


Section 
5080-1 


VVTiere electoi 
shall vote. 


Polls open 
from 5 :ii 0 
a. m. to 5:30 
p. m. 


Section 5055. Each qualifie(d elector .shall vote at the 
polls of the precinct in which he has a legal residence, unless 
otherwise directed by special provision of law. (R. S. 
Sec. 2927.) 

Section 5056. The polls shall be open at five thirty 
o’clock forenoon and kept open up to, and closed at five 
thirty o’clock, central standard time, in the afternoon of the 
same day. (103 v. 21.) 

Note : See also, Section 4925, General Code. 

The legislature no doubt intended that, when the polls are 
opened, in accordance with the provisions of section 5 of the act 
of May 3, 1852, “to regulate the election of state and county offi¬ 
cers,” they should * be kept open until the hour prescribed for 
finally closing the same; and good policy as well as the convenience 
of voters would seem to require that this legislative intent should 
be observed. But in this respect the statute is directory, and a 
departure from the strict observance of its provisions does not 
necessarily invalidate an election, where it appears that no fraud 
has been practiced and no substantial right violated. 

Fry V. Booth, 19 O. S. 25. 

Under the act of May 3, 1852, after the polls of an election 
have been once opened, they cannot be closed for anv purpose 
until six o’clock in the afternoon (the time then fixed by law— 
Ed.) without rendering tlie election illegal and void. 

State Ex rel. v. Ritt, 3 O. D. (Reprint) 475. 

124 







Chap. 9 CASTING AND COUNTING OF VOTE. 


I 


Section 5057. Immediately before proclamation is judges shaii 
made of the opening of the polls, the judges of elections, 
or one of them, in the presence and under the direction examination, 
of the Others and in the presence of the persons there 
present, shall open the ballot boxes and turn them upside 
down so as to empty them of anything that may be in them, 
and offer to such persons as may desire it the privilege of 
examining them in the presence of the judges, and then 
lock them. The boxes shall not be again opened until 
the polls are closed and the counting of the ballots begins. 

(R. S. Sec. 2937.) 

Section 5058. Two challengers may be appointed by Appointment 
the precinct committeeman of ea’ch political party having chaikn^gers. 
candidates to be voted for at each election, who shall be 
admitted to the polling place for the purpose of challenging 
electors in such precinct where the voters are not registered, 
and they may keep tally of the electors voting. In special 
elections when no candidates are to be elected, the judges 
of election in each precinct shall, at least one day before 
the election, appoint and make public two known represen¬ 
tatives of each side of the question to be submitted, as 
challengers. (97 v. 234 § 20.) 

Where a ticket or candidate has been nominated by independ¬ 
ent nomination papers, such independent candidates have no right 
under authority of this section to the appointment of separate chal¬ 
lengers and inspectors. 

The provisions of this section, as to the appointment of chal¬ 
lengers and inspectors of elections, are not mandatory but directory 
only, and failure to make such appointments is an irregularity which 
does not invalidate an election at which there was a comparatively 
full vote cast with no evidence of fraud or attempts to deceive; 
nor does the dereliction of deputy state supervisors of election, or 
of any of them, invalidate an election, where it does not appear 
■that except for such dereliction there would have been a different 
result. State Ex rel. Johnson et al. v. Village of McClure, 5 
O. N. P. (N. S.) 541. 

Section 5059. Such challengers shall serve without 
compensation from the county, city, village or township, challengers, 
and shall take the following oath, to be administered by 
one of the judges of elections: - 

“You do solemnly swear that you will support the 
constitution of the United States and of this state; ^ that 
you will faithfully and impartially discharge the duties as 
official challenger, assigned by law; that you will not cause 
any delay to persons offering to vote further than is nec¬ 
essary, to procure satisfactory information of their qualifi¬ 
cations as electors, and that you will not disclose or com¬ 
municate to any person how any elector has voted at such 
election. (97 v. 234 § 20.) 

Section 5060. Any voter may be challenged- by any who may 
challenger, judge or clerk of elections, and, if challenged, 
shall establish his right to vote, as provided by law. Any 
elector of the precinct may notify the judges of elections 


126 


CASTING AND COUNTING OF VOTE. 


Chap. 9 


Challenge; 

oath. 


Questions. 


in writing that he challenges the right of any person or 
persons to vote, giving the reason, and such person or per¬ 
sons shall be deemed challenged. (97 v. 234 § 20.) 

Section 5061. If a person offering to vote is chal¬ 
lenged as unqualified one of the judges shall tender him the 
following oath: “You do swear or affirm that you will fully 
and truly answer all questions put to you, touching your 
place of residence and qualifications as to an elector at this 
election.” 

First.—If the person is challenged as unqualified on the 
ground that he is not a citizen, the judges or one of them 
shall put the following questions: 

1. Are you a citizen of the United States? 

2. Are you a native or naturalized citizen? 

If the person offering to vote claims to be a naturalized 
citizen of the United States, he shall, before the vote is re¬ 
ceived, produce for the inspection of the judges of election 
a certificate of the naturalization, and also under oath that 
he is the identical person named therein. The production 
of the certificate shall be dispensed with if the person of¬ 
fering to vote states under oath when and where he was nat¬ 
uralized, that he has had a certificate of his naturalization, 
and that, against his will, it is lost, destroyed or beyond his 
power to produce to the judges of elections or if he states 
under oath that by reason of the naturalization of his par¬ 
ents or one of them he has become a citizen of the United 
States, and when or where his parent or parents were nat¬ 
uralized, the certificate of naturalization need not be pro¬ 
duced. 

Second.—If the person is challenged as unqualified on 
the ground that he has not resided in this state for one year 
immediately preceding the election, the judges or one of 
them shall put the following questions: 

1. Have you resided in this state for one year imme¬ 
diately preceding this election ? 

2. Have you been absent from this state within the 
year immediately preceding this election? If yes, then— 

3. When you left this state, did you leave for a tem¬ 
porary purpose with the design of returning, or for the 
purpose of remaining away? 

4. Did you, while absent, look upon and regard this 
state as your home? 

5. Did you, while absent, vote in any other state? 

Third.—If the person is challenged as unqualified on 

the ground that he is not a resident of the county or pre¬ 
cinct where he offers to vote, the judges or one of them shall 
put the following questions : 

1. Have you resided in this county for thirty days last 
past? 

2. Have you resided in this precinct for twenty days 
last past? 

3. When did you last come into this county? 


Chap. 9 CASTING AND COUNTING OF VOTE. 


127 


4. When you came into this county, did you come for 
a temporary purpose merely, or for the purpose of making 
it your home? 

5* Did you come into this county for the purpose of 
voting in this county? 

6. Are you now an actual resident of this precinct? 

7. Have you a family? If so, where does your family 
reside? 

Fourth.—If the person is challenged as unqualified on 
the ground that he is not twenty-one years of age, the 
judges or one of them shall put the following question: 

Are you twenty-one years of age to the best of your 
knowledge and belief? 

The judges of election or one of them shall put such 
other questions to the person challenged under respective 
heads herein designated, as may be necessary to test his qual¬ 
ifications as to an elector at the election. (106 v. 323.) 

Section 5062. If a person challenged^ refuses to 
answer fully any question put to him, or is unable to answer 
the question on the registers as they were answered by the 
person under whose name he offers to vote, or is unable to 
sign his name, or if for any other reason a majority of the 
judges believe he is not entitled to vote, the judges shall re¬ 
ject his vote. (102 V. 185.) 

Section 5063. If the challenge is not withdrawn after 
the person offering to vote has answered the questions put 
to him, one of the judges of election shall tender him the 
following oath: 

“You do swear that you are a citizen of the United 
States, of the age of twenty-one years; that you have 
been an inhabitant of this state for one year next preceding 
this election; that you are now an actual resident of this 
precinct, and that you have not voted at this election.” (R. 
S. Sec. 2942.) 

Section 5064. If a person refuses to take the oath so 
tendered, his vote shall be rejected. After such oath Vr 
been taken, a majority of the judges may refuse to-permit 
such person to vote if they are satisfied from record evi¬ 
dence or the testimony produced before them that he is not 
a legal voter, otherwise the vote shall be accepted. The 
judges may administer the necessary oaths to witnesses 
brought before them to testify to the qualifications o'f the 
person offering to vote. (R. S. Sec. 2943.) 

Section 5065. When the vote of a person is received 
after he has taken the oath herein prescribed, the clerks of 
election, shall write on the poll books at the end of such 
person’s name, the word “Sworn.” (R. S. Sec. 2944.) 

Section 5066. Any person desiring to vote, and le¬ 
gally entitled to vote at such election, shah give his name, 
and, in precincts where registration is required by law, his 
residence, to the election officer holding the ballots, who 


Vote rejected 
when person 
refuses to 
answer. 


Further oath 
if challenge 
not with¬ 
drawn. 


Rejection of 
person who 
refuses to 
take oath or 
is not 
qualified. 


When clerk 
to enter on 
poll book 
the word 
“Sworn.” 


Entry of 
name and 
residence of 
voter upon 
stubs, 


128 


CASTING AND COUNTING OF VOTE. 


Chap. 9 


Delivery of 
ballot to 
elector. 


Provisions as 
to use of 
voting shelves. 


General pro¬ 
visions relat¬ 
ing to mark¬ 
ing of ballot. 


Rules to be 
observed in 
marking ‘ 
ballot. 


shall write them upon the main stub of the ticket in the 
blank space provided therefor. Such officer shall then mark 
upon the secondary stub the elector’s registered number, in 
precincts where registration is so required, and in other pre¬ 
cincts, the elector’s full name. (89 v. 444 § 21.) 

Section. 5067. One of the election officers shall then 
detach the ballot with the secondary stub attached, from 
the main stub, fold it, hand it to the elector, and the elector 
shall be allowed to enter the place enclosed by the guard 
rail. The officer shall give him one* and only one of each 
and every ballot to be voted at the election. (102 v. 185.) 

Section 5068. On receipt of his ballot, the elector 
shall forthwith and without leaving the enclosed space, re¬ 
tire alone to one of the voting shelves, and without undue 
delay unfold and mark his ballot as hereinafter prescribed. 
No elector shall be allowed to occupy a voting shelf already 
occupied by another, or to occupy a voting shelf for more 
than five minutes in case all the shelves are in use and 
electors waiting to occupy them, or, except as herein pro¬ 
vided, to speak to or to converse with anyone while within 
the guard rail. (89 v. 444 § 21.) 

Section 5069. All marks upon the ballot must be 
made by black lead pencil. If an elector soils or defaces a 
ballot so that it cannot be used, he may successively obtain 
others, one at a time, not exceeding in all three, upon 
returning each ballot so soiled or defaced, which shall be 
immediately destroyed, If an elector who has defaced 
three ballots satisfies the judges that they were defaced 
by accident or honest mistake and not for fraudulent pur¬ 
poses, the judges shall deliver him another ballot and help 
him mark it. (89 v. 444 § 21.) 

Section 5070. The elector shall observe the following 
rules in marking his ballot: 

T. If the elector desires to vote a straight ticket, or 
in other words for each and every candidate of one party 
for whatever office nominated, he shall, either, 

(a) Make a cross mark in the circular space below 
the device and above the name of the party at the head of 
the ticket; or 

(b) Make a cross mark on the left of and opposite 
the name of each and every candidate of such party in the 
blank space provided therefor. 

2. If the elector desires to vote a mixed ticket, or in 
other words for candidates of different parties, he shall, 
either, 

(a) Omit making a cross mark in the circular space 
above the name of any party, and make a cross mark 
in the blank space before the name of each candidate for 
whom he desires to vote on whatever ticket he may be; or^ 

(b) Make a cross mark in the circular space above 
the name of a party for some of whose candidates he desires 


Chap. 9 CASTING AND COUNTING OF VOTE. 


129 


to vote, and then make a cross mark before the name of 
any candidate of any other party for whom he may desire to 
vote, in which case, the cross mark in the circular space 
above the name of a party will cast the elector’s vote for 
every candidate on the ticket of such party, except for of¬ 
fices for which candidates are marked on other party tickets, 
and the cross marks before the names of such candidates 
will cast the elector’s vote for them. 

3. When two or more persons for the same office are 
to be voted for in any precinct, as two or more represen¬ 
tatives or other officers, and the names of several candi¬ 
dates therefor appear on each party ticket, grouped under 
the office for which they all are running, the elector who 
has marked a ticket in the circular space at its heod. 
and marked one or more of a group of candidates for such 
office on another ticket or tickets, must in addition to mark¬ 
ing the ticket in the circular space at its head, also make a 
cross mark before each one of the group of candidates for 
such office for whom he desires to vote on the ticket thus 
marked; or instead of marking the candidates for such 
office he desires to vote for on the ticket marked by him, 
he may erase the names of candidates for such office for 
whom he does not desire to vote on the ticket thus marked 
by him to the number of candidates for such office marked 
by him on other party tickets, in which case his vote shall 
be counted for the candidates, for such office not erased. 

4. If an elector who has thus marked a party ticket 
in the circular space at the head thereof, and has marked 
one or more candidates on another ticket or tickets for 
an office for which there is more than one candidate on 
his own party ticket, fails or neglects to indicate either by 
individual marks or by erasures which of the several can¬ 
didates for the same office on his own party ticket he desires 
to vote for, then the vote shall be counted only for the 
candidate or candidates for that office that have the dis¬ 
tinguishing mark before his or their names. 

5. If in marking either a straight or mixed ticket, a 
cross mark is made in the circular space above the name of 
a party at the head of a ticket, and also one or more cross 
marks made before the name or names'of candidates on the 
same ticket for offices for which candidates on other party 
tickets are not individually marked, such marks before the 
names of candidates on the ticket so marked shall be treated 
as surplusage and ignored and the ballot be counted for all 
the candidates on the ticket thus marked for offices for 
which no candidates on other tickets are marked. This 
provision is subject to the exception in the preceding para¬ 
graph when two or more persons for the same office are 
grouped on party tickets, 

6. If the elector desires to vote for a person whose 
name does not appear on the ticket, he can substitute the 
name by writing it in black lead pencil or in black ink in 
the proper place, and making a cross mark in the blank 
space at the left of the name so written. 


9 E. E. 


130 


CASTING AND COUNT! N(; OF VOTE. * Chap. 9 


7. If the elector marks more names than there are 
persons to be elected to an office, or if, for any reason, it is 
impossible to determine the voter’s choice for an office to 
be filled, his ballot shall not be counted for such office. 

8. If a question is submitted, the elector shall make a 
cross mark in the blank space at the left of and before the 
answer which he desires to give. 

9. No ballot shall be rejected for any technical error 
which does not make it impossible to determine the voter’s 
choice. (89 V. 444 § 21.) 

Note: — A voter at a municipal election put a cross-mark on 
a ticket in the place provided to indicate a straight vote for that 
ticket; put no other mark on that ticket, but drew a line diagonally 
across the other ticket printed on the same ballot, there being but 
two tickets on the ballot, in such a way as to emphasize his in¬ 
tention to vote a: straight ticket. Held : That his error in drawing 
such line is technical only, and his intention to vote a straight 
ticket being clear, the vote should not be rejected, but counted for 
all the candidates on the ticket on which the cross mark was made. 
And generally when the voter has indicated his intention to vote 
a straight ticket by placing a cross mark in the place provided at 
the top of the ticket, his vote should not be lost because of addi¬ 
tional marks put by him on another ticket merely for the evident 
purpose of emphasizing such intention. 

Stearns v. Taylor et al., 1 N. P. 23 . 

The provision of the Australian ballot law that “all marks 
upon the ballot must be made with a black, lead pencil” and the 
further provision that “no ballot shall be rejected for any technical 
error which does not make it impossible to determine the voter’s 
choice,” does not render invalid a ballot upon which the contestant’s 
name was written with a blue pencil; nor a ballot upon which a 
black pencil line is drawn through the name of a candidate and 
the name of an opposing candidate written near and partly over it 
notwithstanding no cross mark appears opposite the latter’s name; 
nor a ballot containing a ticket upon which no names of candidates 
appear in the printed designations of the several offices, whereon a 
name is written beneath the line designating the office for which the 
candidate whose name thus anpears is running. 

State Ex rel. v. Conser, 5 C. C. (N. S.) 119 . 

The provisions of the Australian ballot law, pertaining to 
the color of the pencil to be used in marking the ballot, the kind 
of a mark by which the voter indicates his choice and the place 
where the mark is to be put upon the ballot, are mandatory and 
must be substantially complied with before the ballot becomes a 
legal one and can be counted. 

In re Jones Contest, 8 N. P. 395 . 

W’here all the tickets on a ballot except one are marked off 
with long cross marks extending from the top of the ticket to the 
])ottom, and there is no cross in the circle over the ticket which is 
not thus erased and no crosses opposite the names of the candi¬ 
dates on that ticket, the ballot should be rejected for failure on 
the part of the voter to exhibit any intention to comply with the 
statute in the marking of his ballot. 

Williams v. Barker, 17 N. P. 679 (B. Aug. 5 , 1907 ). 

A ballot that is properly marked, with the exception of one 
particular office for which two candidates are voted, is valid, and 
under Rev. Stat. 2966 et seq. (Lan. 4534 et seq.) should be counted 
for all offices except that particular one. — Ibid. 


Chap. 9 CASTING AND COUNTING OF VOTE. 

A ballot with a straight mark or a circle within one of the 
circles over the several tickets does not indicate an honest desire 
on the part of the voter to comply with the statute, in designating 
the ticket he desires to vote, and such a ballot should be rejected; 
but where the mark in the circle at the head of a ticket shows only 
such an irregularity as might result from an awkward use of the 
pencil, the ballot should be counted. — Ibid. 

Section 5671. If there was no nomination for a par- 
rinilar office by a political party, or if by inadvertence, or 
otherwise, the name of a candidate regularly nominated 
such party is omitted from the ballot, and the elector 
desires to vote for some one to fill such office, he may do 
by writing the name of the person for whom he desires 
to vote in the space underneath the heading or designation 
of such office, and make a cross mark in the circle at the 
head of the ticket, in which case the ballot shall be counted 
for the entire ticket, as though the name substituted had 
been originally printed thereon. (91 v. 119 § 21a.) 

This section confers no authority on the voter to write the 
name of a person on the ballot for an office, the printed designation 
of which does not already appear thereon. Atty. Gen. 12-2-1909. 

vSection 5072* Before leaving the voting shelf, the 
elector shall fold his ballot without displaying the -marks 
thereon and so as to conceal them, but show the endorse¬ 
ments and facsimile of the signatures of the proper clerk 
or board, and keep the ballot so folded until he has de¬ 
livered it to the presiding officer. (98 v. 225 § 22.) 

Section 5073. The elector shall return each and every 
ballot that he has received, and each, except such as are 
soiled or defaced as provided in this chapter, shall be de¬ 
posited in the ballot box. One of the judges of elections 
shall receive the ballot, examine the secondary stub bear¬ 
ing the elector’s registered number or name, for the purpose 
of identification, and thereupon pronounce with an audible 
voice the name of the elector. If the judges are satisfied 
that he is a citizen of the United States and legally entitled 
to vote at the election, the judge to whom such ballot was 
delivered shall detach the secondary stub and immediately 
deposit the ballot in the ballot box, without inspecting the 
names written or printed thereon. The clerks of elections 
shall enter the name and number of the elector in the poll 
books in the manner provided by law. (102 v. 185.-) 

Note : — An action in mandamus to compel the board to make, 
certify, and transmit to the proper officers as required by law, the 
several abstracts of the votes shown by the tally sheets returned 
from the various election precincts of the county, may be insti¬ 
tuted on the relation of any elector of the county. 

State ex rel. v. Tanzy, et al., 49 O. S. 050. 

Section 5074. The secondary stub shall be preserved 
until the polls are closed and shall then be destroyed before 
the ballot box is opened. The elector shall mark and vote 
his ballot without undue delay and shall leave such enclosed 
place as soon as he has voted. (98 v. 225 § 22.) 


13 


Substitution 
when no 
nomination 
made or 
nominee 
omitted. 


Folding of 
ballot. 


How ballot 
received and 
deposited. 


How second¬ 
ary stub dis¬ 
posed of. 


132 


CASTING AND COUNTING OF VOTE. 


Chap. 9 


When person 
is deemed to 
have voted. 


Return of un¬ 
voted ballot. 


Number of 
persons in 
booths and 
within guard 
rail. 


When electors 
may receive 
assistance in 
marking bal¬ 
lots. 


Section 5075. When a person has received an official 
ballot from one of the election officers and has delivered 
it to the election officer having charge of the ballot box at 
the time, and when such ballot has been deposited in the 
ballot box, such person shall be deemed to have voted. 
(98 V. 225 § 22.) 

The question of qualification of a voter must be decided by 
the judges of election, at the time he presents himself to vote. 

A ballot is not voted until it is deposited in the ballot box, 
and hence when a ballot was not deposited in the box because im¬ 
properly folded, it cannot be counted. 

Williams v. Barker, 17 N. P. 079 . (B. Aug. 5 , 1907 ). 

Section 5076. Every elector who does not vote a 
ballot delivered to him by the ballot officer shall, before 
leaving the polling place, return such ballot to such officer. 
(98 v. 225 § 22.) 

Section 5077. No elector not an election officer shall 
be allowed to re-enter such enclosed place during the elec¬ 
tion, except for the purpose of voting. No more electors 
shall be allowed to enter within the guard rail at any one 
time than there are voting shelves provided. The judges 
of election shall secure the observance of the provisions of 
this section. (98 v. 225 § 22.) 

Section 5078. Any elector who declares to the pre¬ 
siding judge of elections that he is unable to mark his 
ballot by reason of blindness, paralysis, extreme old age or 
other physical infirmity, and such physical infirmity is ap¬ 
parent to the judges to be sufficient to incapacitate the voter 
from marking his ballot properly, may upon request receive 
the assistance in the marking thereof of the two judges of 
elections belonging to different political parties, and they 
shall thereafter give no information in regard to the mat¬ 
ter. The presiding judge may require such declaration of 
inability to be made by the elector under oath before him. 
Such assistance shall not be rendered for any other cause 
which the voter may specify. (98 v. 225 § 22.) 

The preceding paragraph is the only authority provided by 
law for assisting an elector to mark his ballot. 

Where two voters, one blind and the other infirm through ex¬ 
treme age remained in a carriage outside the polls and marked 
their ballots in the presence and under the direction of two of 
the election judges, and such ballots were then deposited by the 
judges, such irregularity will not invalidate these votes. 

In re. Contest South Charleston election, 3 N. P. (N. 

S.) 373 . 

^ It is not the duty of the judges to instruct a voter how to 
mark his ballot unless such voter is physically unable to do so, by 
reason of blindness, paralysis, extreme old age, or other physical 
infirmityand such physical infirmity must appear to the judges to 
be sufficient to incapacitate the voter from marking his ballot 
properly. Such assistance shall not be rendered for any other 
cause except as above stated. 


Chap. 9 CASTING AND COUNTING OF VOTE. 


133 


Section 5079. No ballot without the official endorse¬ 
ment shall be allowed to be deposited in the ballot box, 
and none but ballots provided in accordance with the pro¬ 
visions of this title shall be counted. (98 v. 225 § 22.) 

Section 5080. The county executive committee of 
each party having a ticket to be voted on at an election, may 
designate a suitable person to be present as inspector and 
witness and inspect the counting of the votes in each 
precinct, who shall be admitted to the voting place and 
be entitled to a copy of the certificates hereinafter provided 
for. In special elections, when there are no candidates 
to be elected, the judges of election at least one day before 
the election shall appoint and make public one known rep¬ 
resentative of each side of the question to be submitted, as 
inspector. No other person, except the election officers 
shall be admitted to the polling place before or after the 
count begins. (97 v. 225 § 23.) , 

Note : — The words “Election officers” as used in Sec. 23 of 
the ballot act, includes the challengers. 

Oliver v. Bode et al., G O. D, 57, 

A committee of five named in nomination papers to represent 
an independent candidate, is not authorized to “designate a suitable 
person to be present as inspector to witness and inspect the count¬ 
ing of the vote in each precinct” within the provisions of this sec¬ 
tion. 

The provisions of this section, as to the appointment of chal¬ 
lengers and inspectors of elections, are not mandatory but directory 
only, and failure to make such appointments is an irregularity which 
does not invalidate an election at which there was a comparatively 
full vote cast with no evidence of fraud or attempts to deceive; 
nor does the dereliction of deputy state supervisors of elections, or 
of any of them, invalidate an election, where it does not appear 
that except for such dereliction there would have been a different 
result. State ex rel. Johnson et al. v. Village of McClure, 5 O. 
N. P. (N. S.) 541. 

The words “voting place” should be construed to mean the 
room or apartment in which the judges are during the counting of 
the ballots. 

A political party entitled, under this section to name an in¬ 
spector, is a political party within the meaning of Sec. 2966-18. 

No one other than election officers and inspectors shall be 
present or witness the count of ballots. 

Sec. 5080-1. Not later than forty days prior to an 
election at which questions are to be submitted to a vote 
of the people, any committee which in good faith advocates 
or opposes a measure may file a petition with the board of 
deputy state supervisors of elections of any county asking 
that such petitioners be recognized as' the committee entitled 
to nominate inspectors to the count at such election, as 
herein provided. If more than one committee alleging them¬ 
selves to advocate or oppose the same measure file such pe¬ 
titions, the board of deputy state supervisors shall decide 
and announce by registered mail to each committee not later 
than thirty days immediately preceding the election, which 
committee is entitled to nominate such inspectors. Such 
decision shall not l)e final but any aggrieved party may in- 


Unofficial bal¬ 
lots shall not 
be deposited 
in ballot box. 


Party in¬ 
spector may 
be designated 
and admitted 
to polling 
place. 


Nomination 
of inspectors 
when question 
Submitted. 


134 


CASTING AND COUNTING OF VOTE. 


Chap. 9 


Inspector tp 
the count in 
each precinct; 
where nom¬ 
inations filed. 


Certificate and 
])roclamation 
of vote cast. 


Opening of 
ballot box and 
counting of 
ballots. 


stitute mandamus proceedings in the common pleas court 
of the county wherein such deputy state supervisors have 
jurisdiction to compel such board of deputy state supervis¬ 
ors to certify the nominees of such aggrieved party to the 
judges of elections as herein provided. 

Any such duly recognized committee may nominate an 
elector as an inspector to the count in each precinct. Such 
committee shall file the names of the persons nominated 
with the deputy state supervisors of elections of the county 
in which the inspectors reside at least five days before the 
election. The committees may also file the names of the 
nominees for inspectors for each precinct with the chairman 
of the judges of election of that precinct. The deputy state 
supervisors of election shall certify the nominees for each 
precinct to the judges of elections of the respective pre¬ 
cinct. If the deputy state supervisors of election have not 
certified nominations as herein provided forty-eight hours 
immediately preceding the election, the judges of election 
of each precinct shall appoint such nominees without such 
certification. In no case shall more than six such inspectors 
be appointed for any one election in any one precinct. If 
more than three questions are to be voted on, the committees 
which have nominated inspectors as herein provided, may 
agree upon not to exceed six inspectors and the judges of 
election shall appoint such inspectors. If such commit¬ 
tees fail to agree the judges of election shall appoint six in¬ 
spectors from nominees so certified in such manner that 
each side of the several questions shall be represented. 
(104 V. 124.) 

Section 5081. Immediately upon the close of the 
polls, the number of electors entered and shown on the 
poll books as having voted, shall be first certified therein 
and signed by the board of judges and clerks. Before any 
other or further proceedings, the president or chairman of 
the board shall make proclamation in a loud voice outside 
of the polling room, stating the number of votes so shown 
and certified on the poll books. Thereupon the judges, in 
the presence of the clerks and inspectors above provided 
for, shall destroy the ballots remaining unvoted. (97 v. 

23s § 23.) 

Section 5082. The ballot box shall then without ad¬ 
journment or delay be opened, and, without opening any 
ballot or ascertaining its contents,, the number of ballots 
shall first be counted. If the number of ballots exceeds 
the number of names on the poll books, the ballots shall be 
replaced in the box and one of the judges, with his back 
to the box and without seeing it, shall draw out, without 
showing them, and destroy a number of ballots equal to the 
excess. If, during the counting of the ballots or at the con¬ 
clusion of the counting, an excess of ballots is discovered, 
all the ballots shall be returned to the box, and, after being 
thoroughly mingled, the excess shall, in the same manner, 
be drawn out and destroyed, and the count corrected ac- 


Chap. 9 CASTING AND COUNTING OF VOTE. 


135 


cordingly. When ballots have thus been drawn out and 
destroyed, a minute of the number destroyed and the rea¬ 
son therefor shall be made on the tally sheet. (97 v. 235 

§24.) 

Note: — A candidate who is present at the counting of the 
ballots, and declared himself satisfied with the result is not thereby 
estopped from contesting the election. 

State ex rel. v. Conser, 5 C C. (N. S.) 119, 

Section 5083. One of the ballots shall then be taken 
out of the ballot box by one of the judges and shall forth¬ 
with be inspected by all the judges and inspectors. If the 
judges all agree as to how the ballot shall be counted, one of 
them shall place it where it can readily be seen by the other 
judges and by the inspectors, and shall read aloud distinctly 
the names of the candidates voted for and the answers to 
any questions that may have been submitted, and the clerks 
shall forthwith tally the same. In the event that the judges 
do not agree as to how any part of the ballot shall be 
counted, such ballot shall not be counted but shall be placed 
in an envelope provided for the purpose. The same method 
shall be observed in respect to all the ballots until all the 
ballots shall have been taken from the ballot boxes. (102 

V. 186.) 

Note: — If a voter makes a mark above or below or on the 
side or at the top of the column occupied by the name of the non¬ 
partisan candidate, his intention to vote for such candidate is 
clearly indicated and the ballot should be counted. 

State ex rel. Mambach v. Markley, 9 O. C. C. (N. 

S.) 561. 

Section 5084. If a ballot with a certain designated 
heading contains printed thereon in place of another, a 
name not found on a regular ballot having such heading, 
such name shall be regarded by the judges as having been 
placed thereon for the purpose of fraud and the ballot shall 
not be counted for the name so found. (R. S. Sec. 2952.) 

Section 5085. If two or more ballots are found 
folded or rolled together, it shall be conclusive evidence of 
their being fraudulent, and neither shall be counted. (R. S. 
Sec. 2953.) 

Section 5086. If a ballot contains a greater number 
of names for any office than the number of persons re¬ 
quired to fill that office, it shall be considered fraudulent 
as to the whole of the names designated to fill such office, 
but no further. (R. S. Sec. 2954.) 

Section 5087. A ballot shall not be considered fraud¬ 
ulent for containing a less number of names than are 
authorized to be inserted. (R. S. Sec. 2955.) 

Section 5088'. The clerks shall enter in separate col¬ 
umns by tallies under or opposite the names of the persons 
voted for, and the answers to the questions that may have 
been submitted as provided in the form of tally sheets, all 
votes thus read by the judges. After the examination of 
the ballots has been completed, the number of votes for 


Counting of 
votes. 


When name 
printed on 
ticket fraud¬ 
ulently. 


When two oi 
more ballots 
are folded 
together. 


When a bal¬ 
lot contains 
too many 
names. 


Ballot may 
contain less 
names than 
authorized. 

Tally sheet 
entries. 


t36 


Proclamation 
of result and 
certified in 
triplicate. 


Unofficial 
count certified 
to secretary 
of state on 
day following 
election. 


Preserving 
and counting 
of disputed 
ballots. 


Preservation 
of all ballots. 


When and 
how ballots 
shall be 
destroyed. 


CASTING AND COUNTING OF VOTE. Chap. 9 

each person and for the respective answers to each ques¬ 
tion submitted, shall be enumerated under the inspection of 
the judges and set down, as provided in the form of the 
tally sheets. (102 v. 186.) 

Section 5089. When the result of the ballot is ascer¬ 
tained it shall immediately be announced by one of the 
judges in front of the polling place and such result shall be 
embodied in a summary statement to be prepared by said 
judges and clerks in triplicate, one copy of which shall be 
certified by the judges and clerks and posted on the front of 
the polling place, and two copies, similarly certified, to be 
transmitted forthwith to the board of deputy state super¬ 
visors of elections in a sealed envelope separate from that 
containing the poll book and tally sheet. Such board shall 
immediately upon receipt of such summary statements, 
compile and prepare an unofficial count and on the day fol¬ 
lowing the election shall certify the result thereof to the 
secretary of state. (103 v. 28.) 

Section 5090. If there are any ballots placed in the 
envelopes for uncounted ballots, such envelopes shall be 
sealed and returned to the deputy state supervisors with the 
returns of the election, to be by them counted. At least one 
day before the beginning of the official count, the board of 
deputy state supervisors, in the presence of one person duly 
authorized by the chairman of each county controlling 
committee and the chairman of the committee of each set 
of candidates nominated by petition, shall open the en¬ 
velopes containing the uncounted ballots and determine 
what part and for whom each such ballot shall be counted, 
and proceed to count and tally the same. Said ballots shall 
be further preserved for such judicial or other investiga¬ 
tion as may be necessary. (103 v. 266.) 

Sec. 5090-1. ' Before separating, the judges and clerks 
shall fold in two folds and string closely upon a single piece 
of flexible wire, all ballots which shall have been counted by 
them, unite the ends of such wire in a firm knot in such 
manner that it cannot be untied without breaking the seal, 
enclose the ballots so strung in a secure cloth or heavy paper 
covering and securely tie and seal such covering with offi¬ 
cial wax impression seals, to be provided by the deputy 
state supervisors of elections, in such manner that it can¬ 
not be opened without breaking the seals, and deliver said 
ballots in such sealed covering to the deputy state super¬ 
visors of elections, and such officers shall carefully preserve 
such ballots for thirty days, and at the expiration of that 
time shall destroy them by burning without previously open¬ 
ing the package. Such ballots shall be destroyed in the 
presence of the official custodians thereof and two electors 
of approved integrity and good reputation and members 
respectively of the two leading political parties. The said 
electors shall be designated by the board of deputy state 
supervisors of elections of the county in which such ballots 
are kept; provided that if any contest of election shall be 


Chap. 9 CASTING AND COUNTING OF VOTE. 


137 


pending, at the expiration of said time the said ballots shall . 
not be destroyed until such contest is finally determined. 

In all cases of contested elections, the parties contesting the opening of 
same shall have the right, after a prima facie case of fraud, contested" 
mistake or error is shown, to have said ballots opened and 
to have all errors made in counting corrected by the court 
or body trying such contest ; but such ballots shall be opened 
only in open court or in open session of such body and in 
the presence of the officers having the custody thereof. 

(106 V. 209.) 

Section 5090-1. At presidential elections, the names Presidential 
of the candidates for president and vice president shall be elections, 
printed on the tally sheet. When, upon a ballot, all the 
candidates of the same party for presidential elector are 
voted for, one of the judges shall so announce and the clerks 
shall record such votes by a tally opposite the names of the 
candidates for president and vice president. When, upon a 
ballot, candidates for more than one party for presidential 
elector, or less candidates for presidential elector than are 
to be elected, are voted for, one of the judges shall so an¬ 
nounce and the clerks shall record such votes by a tally op¬ 
posite the name of the proper candidate for presidential 
elector. The total of all votes cast for each candidate for 
presidential elector shall be enumerated under the inspec¬ 
tion of the judges and set down to the credit of the presi¬ 
dential elector so voted for. (102 v. 186.) 

Section 5090-2. If three or more electors of any elec- Order to 
tion district have reason to believe that a name appearing ^egister^'i^Sies 
upon any election register made for the registration of elec- 
tors for a succeeding election is illegally registered, they obtiined.^'^ 
may apply in writing to any common pleas judge of the 
judicial district or the probate judge of the county in which 
the election precinct, upon the register of which such name 
appears, is situated, for an order to strike such name from 
the register. Such application shall not be made later than 
the Tuesday preceding such election. At the time of so ap¬ 
plying, they shall present to the said judge an affidavit 
signed by one or more of them, setting forth their reasons 
for believing that the said name is illegally registered. Said 
judge shall forthwith consider said application, and if he 
shall determine from said affidavit or other evidence that 
there is reasonable ground for believing that said name is 
illegally registered he shall forthwith cause notice of said 
application to be served by the sheriff upon the person, the 
registration of whose name is attached, and a copy of such 
notice to be mailed to him by special delivery to the address 
which appears from the register to be his residence. This 
service shall be made by leaving a copy of the notice with 
said person, or, if he be not found, then by leaving a copy 
thereof at the place which appears from the register to be 
his residence. Return thereof shall be made within forty- 
eight hours. Said notice shall briefly state the substance of 
the said application and shall order such person to appear 


38 


CASTING AND COUNTING OF VOTE. Chap. 9 


before said judge in the court house of the county in which 
such voting precinct is situated, at an hour to be named 
therein, which shall be at least forty-eight hours after the 
service of such notice. At the hour named lor the appear¬ 
ance of such person, the said judge shall proceed to inves¬ 
tigate whether such name is illegally registered. Witnesses 
may be summoned in the usual way to testify in regard 
thereto, if the judge shall find that said name is illegally 
registered, he shall order such name to be stricken from 
the register by an order directed to the election judges of 
said precinct, which order shall be served by the sheriff or 
coroner and carried into effect by said election judges upon 
the evening of the day before said election takes place, 
unless changed, as hereinafter directed. As to all persons 
who have been personally served, and as to all persons who 
have entered appearance thereto, said order shall be final; 
but all persons who have not been personally served, or 
entered their appearance, shall have the right to apply to 
said judge at any time before four o’clock p. m. on the day 
preceding the election to have said order set aside, and if, 
upon the hearing of said application, the said judge shall 
not be of the opinion that his name was illegally registered, 
he shall set aside said order and shall cause notice thereof 
to be served upon the election judges. The fees of the 
sheriff, clerk or coroner shall be the same as are allowed in 
civil cases. The costs of such proceeding shall be paid by 
the electors making the application in the event a final order 
is not made granting the application. (102 v. 187.) 

Register of SECTION 5090-3. Every landlord, proprietor, lessee or 

^rnv^ai^and keeper of a lodging house, inn or hotel in cities having an- 
of^guests. nual registration shall keep a register in which shall be en¬ 
tered the name, residence, the date of arrival and departure 
of his guests, and the room or bed occupied by them. This 
register shall be so arranged that there shall be a space on 
the same line in which such guest shall sign his name. 

Every such landlord, proprietor, lessee, owner, or^ per¬ 
son in charge of a lodging house, inn or hotel, shall annually 
on a blank form to be prepared and furnished by the 
secretary of state, on the Monday prior to the first regis¬ 
tration day in such cities, make to the board of deputy state 
supervisors and inspectors of elections a sworn report show¬ 
ing the location by ward and precinct and by street and 
number of the premises so used, the names of the lodgers 
therein, the names of all employes and all other persons liv¬ 
ing therein, including the landlord, proprietor, lessee, owner 
or person in charge and members of his family who claim a 
voting residence at or in such lodging house, inn or hotel, 
together with the length of time they have been regularly 
lodging or living therein, the beginning of such residence, 
color, age, height, weight, color of hair, complexion, or any 
distinguishing marks of face or body whereby such persons 
may be identified, place of their nativity, occupation and 
place of business, of such persons and the room occupied 
by each said person, and whether such persons are guests. 



Chap. 9 CASTING AND COUNTING OF VOTE. 


139 


landlord, proprietor, lessee, owner or person in charge, and 
the signature of each said person. Above the space reserved 
for the signature of each said person shall be printed the 
following words: “The foregoing statements are true.” 
In the form of affidavit which shall be sworn to by the land¬ 
lord, proprietor, lessee, owner or person in charge of such 
lodging house, inn or hotel, shall be included the statement 
that the signature of the guests or lodgers certified to in said 
report were written in the presence of such landlord, pro¬ 
prietor, lessee, owner or person in charge, and that he per¬ 
sonally knows them to be the persons therein described. To 
the end that the sworn report herein required shall truly 
set forth the facts therein stated it shall be the duty of the 
said landlord, proprietor, lessee, owner or person in charge 
to question each male person lodging or living in such lodg¬ 
ing house, inn or hotel as to his intention of claiming such 
place as a voting residence and such person shall thereupon 
declare his intention in respect thereto, and if he claims 
such place as his voting residence he shall give to such 
landlord, proprietor, lessee, owner or person in charge such 
facts regarding himself as are required, to be incorporated 
in the sworn report herein provided for. 

Any such landlord, proprietor, lessee, owner, or person 
in charge, or any lodger who shall violate any provision of 
this section shall be fined in any sum not more than five 
hundred dollars nor less than fifty dollars. (102 v. 188.). 

Section 5090-4. Any two members of the board of 
deputy state supervisors and inspectors of elections in such 
cities shall have the right throughout the year whenever 
deemed necessary by them, to require the owner, lessee, or 
person in charge of any hotel, inn, lodging house or dwell¬ 
ing to make to said board within ten days after notification, 
a sworn report upon a blank to be prepared and furnished 
by such board, which said report shall contain a list giving 
the names of every male person of twenty-one years and 
upwards who resides in said hotel, inn, lodging house or 
dwelling, together with the period they have resided therein, 
and such other information as shall be deemed necessary 
by said members and said members shall have the power 
whenever deemed necessary by them, to require said owner, 
lessee or person in charge in addition to notify said board 
whenever any of such male persons shall within nineteen 
days before election leave said hotel, inn, lodging house or 
dwelling. 

Any owner, lessee or person in charge of such hotel, 
inn, lodging house or dwelling in such cities who neglects 
to furnish said list when so demanded and within ten days 
after notification, shall be fined not to exceed five hundred 
dollars. 

Any owner, lessee or person in charge of such hotel, 
inn, lodging house or dwelling who shall furnish said board 
a list which states that a male person has resided in said 
premises a longer time than he has actually resided therein, 


Affidavit. 


Penalty. 


Power of 
board to re¬ 
quire report 
at any time. 


Penalty for 
neglect to 
furnish list. 


140 


CASTING AND COUNTING OF VOTE. 


Chap. 9 


Period during 
which judges 
and clerks 
shall not 
separate or 
leave polling 
place. 


Election offi¬ 
cer cannot be 
candidate ex¬ 
cept for com¬ 
mitteeman or 
delegate. 


or puts Upon said list a name under which no person has re¬ 
sided any length of time in said premises, shall be fined 
not less than two hundred and fifty dollars nor more than 
one thousand dollars. (102 v. 189.) 

Section 5091. From the time the ballot box is opened 
and the count of votes begun, until the votes are counted 
and the returns are made out, signed and certified, as herein 
required, and delivered to the judges selected for such duty 
for transmission, as required in the next chapter, the judges 
and clerks of elections in each precinct shall not separate, 
nor shall a judge or clerk leave the polling place except 
from unavoidable necessity. For a violation of this section, 
a judge or clerk shall forfeit and pay not less than fifty 
dollars nor more than one hundred dollars. (97 v. 
236 § 25.) 

Section 5092. No person, being a candidate for an 
office to be filled at an election, other than for committee¬ 
man or delegate or alternate to any convention, shall serve 
as deputy state supervisor or clerk thereof, or as a judge 
or clerk of elections, in any precinct at such election. A 
person serving as deputy state supervisor or clerk thereof, 
judge or clerk of elections contrary to this section shall be 
ineligible to any office to which he may be elected at such 
election. (103 v. 496.) 

Note: — A deputy state supervisor may not be a candidate 
for member of the board of education. Atty. Gen. 8-17-09. 

While a judge or clerk of elections can not be a candidate, 
where such a person has received a sufficient number of votes by 
electors writing his name on the ballot for a particular office, and 
such votes are in conformity to law in all other respects, such 
person should be declared elected to that office. 


CHAPTER 10. 


RETURNS AND 

Section 

5093. Making and transmission of returns. 

5094. Opening returns; abstracts to be made. 

5095. . Making and transmission of abstracts. 

5096. Secretary of state shall canvass returns 

for presidential electors; certificate of 
election. 

5097. Canvass of returns of abstract number 

two. 

5098. \\ hen other returns may be used in 

canvass. 

5099. When president of senate sliall open 

abstract. 

5100. Who shall canvass vote if general as¬ 

sembly is' not in session. 

5101. Tie vote for congressman decided by 

lot; certificates of election. 

5102. When abstracts to be canvassed. 

5103. Returns of special election of member 

of congress. 

5104. N'otes to be canvassed by secretary of 

state. 

5105. Abstracts and certificates in judicial or 

senatorial districts. 

5100. Special elections of senators or rei)re- 
sentatives to the general assembly. 

5107. Abstracts in districts containii g two or 

more counties. 

5108. Tie votes for county officers ai d mem¬ 

bers of the general assembly. 

5109. Certificates of election of coin ty offi 


ABSTRACTS. 

Section 

cers and members of the general 
assembly. 

5110. Provisions relating to poll books, ab¬ 

stracts and returns. 

5111. Returns of November elections in odd 

numbered years. 

5112. Canvass of vote for township officers. 

5113. Tie vote for township officers. 

5114. Abstract of vote for municipal officers. 

5115. IIow returns made and canvassed in 

registration cities. 

5116. Tie vote in election for municipal offi¬ 

cers. 

5117. Returns and certificates for election of 

judges of superior court. 

5118. Result of election of justices of the • 

peace; how certified. 

5119. Returns and canvass of vote for as¬ 

sessors of real property. 

5129. Canvass of vote in school elections. 

5121. IIow result determined in certain 

cases. 

5122. Number of votes necessary when stat¬ 

ute is silent. 

5123. Want of form shall not invalidate poll 

books. 

5123-1. Return of votes cast for and against 
proj)osed constitutioial amendments. 
512‘3-2. Returns certified to state supervisor of 
elections within ten days; o])ening 
and canvassing returns. 


Section 5093 . The judges and clerks in each precinct 
sliall make out the returns of the election in duplicate, sign 
and certify one of the poll books and tally sheets thereof, 
and immediately transmit it to the deputy state supervisors 
liy the presiding judge or such other judge as he may desig¬ 
nate. The other poll book and tally sheets signed and certi¬ 
fied in like manner shall be forthwith deposited with the 
clerk of the township or the clerk or auditor of the mu¬ 
nicipal corporation, as the case may require, bv another 
judge designated by the presiding judge, and shall be pre¬ 
served one year from the date of such election. Such 
returns shall be securely sealed in an envelope and addressed 
transversely upon the upper end thereof to the proper 
officer with whom they are to be denosited, with the desig¬ 
nation of the township, precinct and county. In registra¬ 
tion cities, such delivery shall be made as provided in the 
chapter relating to registration. (97 v. 236 § 25 .) 

Sec. 5094. Whthin five days after the election, or 
sooner in case the returns are made, the board of deputy 
state supervisors of the county shall open the several re¬ 
turns made to it and make abstracts of the votes in the 
following manner: 

I. Upon a single sheet an abstract of votes for gov¬ 
ernor, lieutenant governor, secretary of state, auditor of 
state, treasurer of state and attorney general. 


Making and 
transmission 
of returns. 


Opening re¬ 
turns; ab¬ 
stracts to be 
made. 


141 



142 


RETURNS AND A15STRACTS. 


Chap. 10 


2. Upon another sheet an abstract of votes for gov¬ 
ernor, lieutenant governor, secretary of state, auditor of 
state, treasurer of state, attorney general, chief justice of 
the supreme court, judge of the supreme court. United 
States senator and for representatives to congress. 

3. Upon another sheet an abstract of votes for gov¬ 
ernor, lieutenant governor, secretary of state, auditor of 
state, treasurer of state, attorney general, chief justice of 
the supreme court, judge of the supreme court, judge of 
the court of appeals, judge of the common pleas court. 
United States senator, representatives to congress, senators 
and representatives to the general assembly, judge of the 
probate court, clerk of the common pleas court, sherifif, 
county auditor, county commissioner, county treasurer, 
county recorder, county surveyor, prosecuting attorney and 
coroner. 

4. And upon another sheet an abstract of votes for 
each elector of president and vice president of the United 
States. (104 V. II.) 

Note: — As to powers of ah election board after canvass 
has been completed, see State ex rel. v. Donnewirth, 21 O. S. 216. 

Under the thirty-fonrtli section of the election law (S. and 
C. 536) w'here phe poll-books upon their face are substantially 
correct, the justices and clerk, in making an abstract of votes, are 
not authorized to reject such poll-books on account of fraud in 
the election. 

Phelps V. Schroeder, 26 O. S. 549. 

In an action to enjoin the clerk of the court of common pleas 
of Wood county froni recording the abstract of the vote in said 
county upon the question of the removal of the county seat, held 
that allegations of fraud and illegality in conducting the election, 
constitute no sufficient ground for such injunction. Wrongs of 
such a nature can be inquired into and redressed, only by means of 
a contest of the election, pursuant to the provisions of the act of 
April 15, 1857. 

'Peek V. Weddell, 17 O. S. 271. 

An action in mandamus to compel the board to make, certify, 
and transmit the proper officers as required by law, the several 
abstracts of the votes shown by the tally sheets returned from the 
various election precincts of the county, may be instituted on the 
relation of any elector of the county. 

State Ex rel. v. Tanzey et ah, 49 O. S. 656. 

Making and SECTION 5095- ^ he boai'd of deputy state supervisors 

make and certify duplicate copies of abstract number 
one, and inclose and seal them and endorse on the envelope 
‘‘Certificate of the votes for governor, lieutenant governor, 
secretary of state, auditor of state, treasurer of state and 
attorney general”, either or all as the case may be, and the 
name of the county in which the votes were given, and shall 
direct and forward one copy thereof by mail to the presi¬ 
dent of the senate at Columbus, and deliver the other copy 
to a member of the general assembly who shall deliver it 
to the president of the senate at Columbus. 

1 he board also shall forthwith make, certify, seal and 
so endorse copies of abstracts numbers two and three and 
transmit them by mail to the secretary of state at Columbus. 


Chap. 10 


. RETURNS AND ABSTRACTS. 


T43 


The board shall make and certify duplicate copies of 
abstract number four, one of which the board shall inclose, 
seal, and endorse on the envelope, “Certificate of votes for 
electors of president and vice president of the United 
States”, adding- the name of the county, and shall mail it 
to the secretary of state at Columbus. The other copy shall 
be filed in the office of the board. (R. S. Sec. 2983.) 

Section 5096. When the returns .of an election of 
electors of president and vice president of the United States 
are received from all the counties, the secretary of state, in 
the presence of the governor, auditor of state, and such 
other state officers as choose to attend, shall open the 
returns of abstract number four, and, as they are opened, 
cause them to be read aloud, and shall make an abstract, 
showing the number of votes given for each person for such 
office. If two or more such persons receive an equal num¬ 
ber of votes, the secretary of state, in the presence of such 
state officers, shall determine by lot which of such persons 
is duly elected. The governor shall make and transmit by 
mail to the persons having the highest number of votes, or 
whose election was so determined by lot, certificates of their 
election to the office of elector of president and vice presi¬ 
dent of the United States, and shall cause notice of their 
election to be published in three newspapers, published at 
Columbus, two of which shall be of opposite politics. (R. 
S. Sec. 2970.) 

Sec. 5097. Within ten days after the first day of De¬ 
cember next after such election, the governor and secretary 
of state, in the office of the secretary of state, in the pres¬ 
ence of the auditor of state and attorney general, shall open 
the returns of abstract number two, made to the secretary 
of state for judge of the supreme court, for United States 
senator and representatives to congress from each congres¬ 
sional district. If it appears that returns have been re¬ 
ceived from all the counties in accordance with the pro¬ 
visions of this chapter, the governor and secretary of state 
forthwith shall proceed to ascertain the number of votes 
given for the different persons for such offices. (104 v. 

ii.) 

Note: —'Where the governor and secretary of state, under 
Section 298C of the Revised Statutes, in canvassing the returns of 
votes from a congressional district, aggregate the votes returned 
from one county for H. L. Morey with the votes returned from 
the other counties for Henry L. Morey, treating the names as 
designating the same person, the mandamus will not be awarded, 
requiring the votes thus aggregated to be counted as given for 
different persons in the absence of an averment that the votes 
were intended for different persons. 

State Ex rel. v. Foster, 38 O. S. 599. 

Section 5098. If such returns have not been received 
from all the counties, and returns of abstract number three 
have been received by the secretary of state from the delin¬ 
quent counties, as herein provided, the governor and secre¬ 
tary of state shall be governed, so far as relates to such 
delinquent counties, by the last mentioned abstract. The 


Secretary of 
state shall 
canvass re¬ 
turns for 
presidential 
electors; cer¬ 
tificate of 
election. 


Canvass of 
returns of 
abstract 
number two. 


When other 
returns may 
be used in 
canvass. 


144 


RETURNS AND ABSTRACTS. 


Chap. 10 


When presi¬ 
dent of sen¬ 
ate shall open 
abstract. 


Who shall 
canvass vote 
if general as¬ 
sembly is not 
in session. 


Tie vote for 
congressman 
decided by lot. 


Certificates of 
election. 


When ab¬ 
stracts to be 
canvassed. 


persons having the highest number of votes for the re¬ 
spective offices named in the preceding section shall be con¬ 
sidered duly elected. The secretary of state may open the 
returns of abstract number three as they are severally re¬ 
ceived by him. (R. S. Sec. 2987.) 

Section 5099. During the first week of the session of 
the general assembly, the president of the senate shall open 
and publish the abstracts of votes by him received, in con¬ 
formity to the third section of the third article of the con¬ 
stitution of the state. If the abstract from any county has 
not been received by him, recourse shall be had to ab¬ 
stracts number two or three in the office of the secretary of 
state. (R. S. Sec. 2984.) 

Section 5100. If the general assembly is not in ses¬ 
sion previous to the second Monday in January next after 
an election for any or all of the executive officers of the 
state, the governor and secretary of state, within five days 
after the first Monday in January after such election, shall, 
in the office of the secretary of state, in the presence of at 
least two of the judges of the supreme court, open the re¬ 
turns of abstract number two made to the secretary of state 
for such offices. If such returns have not been received 
from all the counties, recourse shall be had for such delin¬ 
quent counties to the returns of the abstract number three. 
They shall forthwith proceed to ascertain the number of 
votes given for the different persons for the several offices 
of governor, lieutenant governor, secretary of state, auditor 
of state, treasurer of state and attorney general, as the case 
may be. The person having the highest number of votes 
for each of such offices shall be considered duly elected and 
shall be so declared by the governor. If it appears from 
the returns of such abstracts that two or more persons have 
the highest and an equal number of votes for any of such 
offices, the governor shall communicate such fact to the gen¬ 
eral assembly by message at its first session thereafter. (R. 
S. Sec. 2985.) 

Section 5101. If it appears from the returns of 
abstracts that two or more persons in any congressional dis¬ 
trict have the highest and an equal number of votes for rep¬ 
resentative to congress, the governor and secretary of state 
shall decide by lot which of such persons is duly elected. 
The governor shall transmit to each person so elected a cer¬ 
tificate of his election, which shall be signed by the gov¬ 
ernor, sealed with the great seal of the state and counter¬ 
signed by the secretary of state (R. S. Sec. 2991.) 

Section 5102. If the returns of abstracts from all 
the counties composing a congressional district are not 
made within the time required by law, and if any of them 
are made after the certificate of election has been for¬ 
warded to the person who, according to the abstracts re¬ 
ceived, has the highest number of votes, the secretary of 
State, in the presence of the governor, or, if he is absent, 


Chap. 10 


RETURNS AND ABSTRACTS. 


145 


in the presence of the auditor of state and treasurer of 
state, when such abstracts shall have been received, shall 
open them, and the governor shall certify such returns to 
the speaker of the house of representatives of the United 
States. (R. S. Sec. 2992.) 

Section 5103. In an election for member of congress 
to fill a vacancy, the board of deputy, state supervisors 
of each county embraced in the district in which the elec¬ 
tion is held, within six days after the election, shall make 
and certify an abstract in duplicate of the votes cast at 
such election in their county. Such board shall file one 
copy of the abstract in its office and enclose the other in 
an envelope so endorsed as to show distinctly that it is 
an abstract of votes, for what office and from what county, 
and transmit it without delay to the secretary of state. 
If the secretary of state fails to receive the abstract from 
any county within twelve days after such election, he shall 
forthwith notify the deputy state supervisors thereof, and 
they shall, on receipt of the notice, forthwith make and 
transmit to the secretary of state a certified copy of the 
duplicate on file in their office. (R. S. Sec. 2989.) 

Section 5104. On the twenty-first day after the 
holding of such special election, or sooner, if all the returns 
have been received, the secretary of state, in the presence 
of the governor, or, in his absence, in the presence of the 
auditor of state and treasurer of state, who on notice 
given by the secretary are required to attend forthwith 
at the office of the secretary of state, shall open the ab¬ 
stracts * and canvass the votes. The person having the 
greatest number of votes shall be declared duly elected, and 
the governor shall forthwith transmit to him by mail a 
certificate of his election. (R. S. Sec. 2990.) 

Section 5105. When two or more counties are joined 
in a judicial or senatorial district, the board of deputy state 
supervisors of each county of such district having a popu¬ 
lation not the largest, shall make, and, within eight days 
after the day of election, transmit by mail to the board of 
deputy state supervisors of the county in the district having 
the largest population, an abstract showing the number of 
votes given in each election precinct in such county, for 
each person who receives votes for an office to be filled by 
the district. Such abstract shall be attested by the board 
and enclosed in an envelope so endorsed as to show dis¬ 
tinctly that it is an abstract of votes, for what offices and 
from what county. It shall be opened and canvassed as 
herein provided for state offices, by the board of deputy 
state supervisors to whom transmitted, who shall incor¬ 
porate such vote in an abstract with the returns from the 
precincts of their county for such offices. Such board shall 
make and transmit to the persons elected certificates of 
their election. (103 v. 422.) 


Returns of 
special elec¬ 
tion of mem¬ 
ber of con¬ 
gress. 


Votes to be 
canvassed by 
secretary of 
state. 


Abstracts and 
certificates in 
judicial or 
senatorial dis¬ 
tricts. 


10 E E. 


146 


RETURNS AND ABSTRACTS. 


Chap. 10 


Special elec¬ 
tions of sen¬ 
ators or rep¬ 
resentatives 
to the general 
assembly. 


Abstracts in 
districts con¬ 
taining two 
or more 
counties. 


Tie votes for 
county officers 
and members 
of the general 
assembly. 


Certificates of 
election of 
county officers 
and members 
of the general 
assembly. 


Section 5106. When a senator or representative to 
the general assembly or other district officer is to be elected 
at a special election, the judges of such election shall make 
return of the poll books thereof to the board of deputy 
state supervisors of their respective counties. On the sixth 
day, or sooner, in case the returns are all made, the board 
shall open the returns and make an abstract of the votes 
cast for such officers and make and deliver to the person or 
persons elected certificates of election. (90 v. 281 § i.) 

Section 5107. If an officer named in the preceding 
section is to be elected from a district containing two or 
more counties, the board of deputy state supervisors of 
the county or counties comprising such district, except the 
board of the county in such district having the largest 
population, shall, within eight days after such election, 
transmit by mail to the board of deputy state supervisors of 
the county in such district having the largest population, 
an abstract showing the number of votes given in each pre¬ 
cinct in the respective counties for each person who received 
votes for any office to be filled by such district. Such 
abstract shall be attested by the chief deputy state super¬ 
visor and clerk of the board, and inclosed in an envelope 
so endorsed as to show distinctly that it is an abstract of 
votes, for what office or offices and from what county it 
was transmitted. Such abstract shall be canvassed by the 
deputy state supervisors to whom transmitted, who 'shall 
incorporate the vote in an abstract with returns from the 
precincts of their county for such office or offices, and make 
and transmit to the person or persons elected certificates 
of their election. (90 v. 281 § i.) 

Section 5108. In an election for county officers, if 
any number of persons greater than the number of offices 
directed to be filled at such election, have the highest and 
an equal number of votes, the board of deputy state super¬ 
visors of the county shall determine by lot which of the 
persons shall be duly elected. If at an election for sena¬ 
tors or representatives to the general assembly, there is no 
choice on account of two or more having received the 
highest and an equal number of votes, the board required 
to issue certificates of election therefor shall publicly deter¬ 
mine by lot who of those having such equal number of 
votes shall be elected. Such decision by lot shall be made 
in the office of such board at ten o’clock forenoon on the 
eighth day after the election. In such case, the deputy 
state supervisors shall not be required to forward the re¬ 
turns of the election until such decision by lot has been 
made. (R. S. Sec. 2993.) 

Section 5109* When it has ascertained and declared • 
the result of an election for county officers, the board of 
deputy state supervisors, without fee, shall make and, upon 
demand, deliver to the persons elected respectively to the 
offices of probate judge, clerk of the court of common pleas, 
sherifif, coroner, auditor, commissioner, treasurer, recorder, 


Chap. 10 


RETURNS AND ABSTRACTS. 


147 


surveyor, prosecuting attorney, infirmary director, and sena¬ 
tor and representative to the general assembly, certificates 
of their election. Upon being paid one dollar therefor the 
board shall also make for any elector of the county an ab¬ 
stract of votes cast at an election to fill any of such offices. 
(R. S. Sec. 2995.) 


Note^: — In certifying the election of an officer the power of 
the deputy state supervisors of elections is limited to certifying that 
the successful candidate has been elected and they have no power 
to decide upon a disputed term of office. 

State Ex rel. Pardee v. Pattison, Governor et ah, 73 
O. S. 305. 

Section 5110. The board of deputy state supervisors 
shall not receive any paper as a poll book of any precinct, 
unless it is delivered by one of the judges of election held 
in such precinct. In making the abstracts of votes, the 
board shall not decide on the validity of the returns, but 
it shall be governed by the number of votes stated in the 
returns. (R. S. Sec. 2982.) 

Section 51 ii. In November elections held in odd 
numbered years for township officers, justices of the peace, 
municipal officers and members of boards of education, 
the judges and clerks of elections in each precinct shall 
make and certify the returns to the clerk of the township 
or the clerk or auditor of the municipality in or for which 
the election is held or the clerk of the board of education 
of the school district, respectively, instead of to the board 
of deputy state supervisors of the county. This provision 
shall not apply to the returns of elections for assessors of 
real property. (97 v. 223 § 8.) 

Section 5112. The returns of township elections shall 
be made by the judges and clerks in the several precincts 
to the proper township clerk within one day after the elec¬ 
tion. Such clerk shall canvass the vote, declare the result 
and issue and deliver certificates to the officers so elected. 
(R. S. Sec. 2996.) 

Section 5113. If two or more persons have the high¬ 
est and an equal number of votes for any one of the town¬ 
ship offices directed to be filled, the clerk of the township 
shall determine by lot which of such persons is duly elected. 
(R. S. Sec. 1448.) 

Section 5114. The returns of municipal elections 
shall be made by the judges and clerks in each precinct to 
the clerk or auditor of the municipality. Such clerk or 
auditor, or, in his arbsence or disability, a person selected 
by the council, shall call to his assistance the mayor, and, 
in his presence, make an abstract and ascertain the candi¬ 
dates elected, as herein required with respect to county 
officers. Such clerk or auditor shall make a certificate as 
to each candidate so elected, and cause it to be delivered 
to him. If there is no mayor, or he is absent, disabled or 


Provisions re¬ 
lating to poll 
books, ab¬ 
stracts and 
returns. 


Returns of 
November 
elections in 
odd numbered 
years. 


Canvass of 
vote for town¬ 
ship officers. 


Tie vote for 

township 

officers. 


Abstract of 
vote for mu¬ 
nicipal offi¬ 
cers. 


148 


RETURNS AND ABSTRACTS. 


Chap. 10 


How returns 
made and 
canvassed in 
registration 
cities. 


Tie vote in 
election for 
municipal 
officers. 


a candidate at such election, the clerk or auditor shall call 
to his assistance a justice of the peace of the county. (R. 
S. Secs. 1728, 1729; 97 V. 223 § 8.) 

Note: — The village clerk in canvassing the returns of a 
village election has no authority to go back of the returns made 
by the judges and clerks of election. The proper course is to 
issue certificates to the persons shown by the face of such returns 
to have received a majority of the votes cast for the several officers 
named therein. • 

The returns of the first election for village officers should be 
made to the township clerk, whose duty it is to canvass the returns 
and issue certificates of election to the officers of the newly con¬ 
stituted village. Thereafter all returns of municipal elections will 
be made to the clerk of the village. 

Where returns of a municipal election have been erroneously 
certified to the board of deputy supervisors, the state supervisor 
may order the clerk of such board to deliver them to the clerk or 
auditor of the municipality. Atty, Gen. 12 - 24 - 07 . 

Section 5115. lu registration cities the returns of 

the election of municipal ofificers, members of boards of 
education or justices of the peace shall be made to the 
board of deputy state supervisors of the county in which 
such city is located, and canvassed by a board of canvassers, 
consisting of such board of deputy state supervisors and 
the city auditor. (97 v. 223 § 8.) 

Note: — Neither the board of deputy state supervisors and in¬ 
spectors of elections nor municipal board of canvassers may chal¬ 
lenge the correctness of tally-sheets certified to them by officers of 
a municipal election. Atty. Gen. 11 - 26 - 08 . 

Section 5116. If the result of an election for munic¬ 
ipal officers cannot be determined from the votes cast 

for the reason that more than the number of persons to 

be elected have an equal number of votes for the same office, 
the officers whose duty it is to ascertain the persons elected, 
shall determine by lot which of such persons shall be de¬ 
clared elected. (R. S. Sec. 1731.) 

Note: — The determination by a council of the contested 
election of a member of its body, cannot be reviewed on error. 

Stearns v. Village of Wyoming et ah, 53 O. S. 352 . 

The jury selected to try a contested election case instituted by 
a rival candidate against one who has, by the proper authority, 
been declared duly elected to the office of mayor at a regular 
municipal election, is authorized to decide, and should determine 
which of the candidates was elected, or, that there was no valid 
election of either, as the fact may warrant; a finding that the con- 
testee did not receive a majority of all the legal votes cast at that 
election, and a decision that, therefore, he was not elected to the 
office, is incomplete, and insufficient to defeat his title to the office. 

A mayor of a municipal corporation who has been regularly 
elected to the office, is entitled to serve until his successor is quali¬ 
fied ; and while he continues to so serve on account' of the failure 
to elect his successor there is no vacancy in the office nor is the 
council authorized to make an appointment thereto. 

State ex rel. v. Wright, 56 Q. S, 540 . 


Chap. lo 


RETURNS AND ABSTRACTS. 


149 


Section S'^17. In elections for judges of the superior 
court of Cincinnati, held within such city, the poll books 
shall be returned and abstracts and certificates made, as 
provided for municipal elections. Such certificates shall 
be transmitted by the officer making them to the governor 
who shall issue commissions to the persons elected. (R. S. 
Sec. 484.) 

Section In case of an election of a justice of 

the peace, the township clerk or auditor of. the municipality, 
as the case may be, shall certify the result of such election 
to the board of deputy state supervisors. (97 v. 223 § 8.) 

Section 5119. In elections of assessors of real prop¬ 
erty, the judges and clerks of election in each precinct 
shall keep a separate poll book for such election, and the 
returns thereof, duly certified as in other cases, shall be 
made to the board of deputy state supervisors of the county, 
which board shall open the returns, canvass the vote and 
declare the result, and within ten days thereafter give 
notice to each of the persons so elected. (100 v. 81 § i.) 

Section 5120. In school elections, the returns shall 
be made by the judges and clerks of each precinct to the 
clerk of the board of education of the district, not less 
than five days after the election. Such board shall can¬ 
vass such returns at a meeting to be held on the second 
Monday after the election, and the result thereof shall be 
entered upon the records of the board. (97 v. 354 § i.) 

Section 5121. In the canvass of the vote for mem¬ 
bers of the board of education, or assessors of real prop¬ 
erty, the person having the highest number of votes shall 
be declared elected, and the next highest, and so on, until 
the number required to be elected shall have been selected 
from the number having the highest number of votes. If 
any number of persons greater than the number to be 
elected at such election have the highest and an equal num¬ 
ber of votes, the board making the canvass shall determine 
by lot which of the persons shall be duly elected. (97 v. 
354 § I ,*98 V. 116 § I ; 100 V. 81 § I.) 

Section 5122 Where it is provided by statute that 
a question shall be submitted to the qualified voters of a 
county, township, city or village, and such statute is silent 
as to the number of votes necessary to authorize the per¬ 
formance of the act voted upon, such statute shall mean 
that a majority of all the qualified voters voting at such 
election must vote in favor thereof, in order to authorize 
such act. (90 V. 130 § I.) 

Note: —As to definition of term “majority’' as applied to 
special election. State Ex rel. v. Amlin, 13 O. D. 334. 

As to method of counting votes upon the question of con¬ 
struction, reconstruction, enlargement or repair of bridges, see 
Walbridge v. Jones, 22 C. C. 682. _ ^ 

As to majority of votes requisite at an election, and other¬ 
wise the trustees of a township to levy a special tax, see Enyart et 
al V. Trustees, 25 0. S. 618. 


Returns of 
election and 
certificates for 
judges of su¬ 
perior court. 


Result of 
election of 
justice of the 
peace; how 
certified. 


Returns and 
canvass of 
vote for as¬ 
sessors of real 
property. 


Canvass of 
vote in school 
elections. 


How result 
determined 
in certain 
cases. 


Number of 
votes neces¬ 
sary when 
statute is 
silent. 


RETURNS AND ABSTRACTS. 


Chap. 10 


150 


Want of form 
shall not in¬ 
validate poll 
books. 

Returns of 
votes cast for 
and against 
constitutional 
amendments. 


Returns certi¬ 
fied to state 
supervisor of 
elections 
within ten 
days; opening 
and canvass¬ 
ing returns. 


Section 5123. No election shall be set aside for want 
of form in the poll books, provided they contain the sub¬ 
stance. (R. S. Sec. 2962.) 

Sec. 5123-1. Whenever any amendments to the con¬ 
stitution are proposed to be submitted to the people, said 
amendments shall be submitted at the regular election to be 
held on the first Tuesday after the first Monday of Novem¬ 
ber of the same year, and the judges and clerks of election 
in each township, ward and precinct shall, in addition to 
the returns provided by law, at the same time make return 
to the deputy state supervisors of elections of the vote cast 
for and against any proposed amendments to the constitu¬ 
tion of Ohio that may be submitted to the voters of the 
state for adoption or rejection at such election. (106 v. 
479 -) 

Section 5123-2. A return of the votes cast for and 
against any such proposed amendment or amendments shall 
be certified and made by the deputy state supervisors of 
elections of each county to the state supervisor of elections, 
within ten days after said election; and within thirty days 
after such election the governor, secretary of state and at¬ 
torney general shall open and canvass said returns, and 
ascertain whether or not a majority of the electors voting 
on each several amendment have voted in favor thereof 
and if the majority of the electors voting on any amendment 
shall have voted in favor thereof, the governor shall make 
proclamation thereof without delay and such amendment 
shall become a part of the constitution. (103 v. 724.) 


CHAPTER 11. 

CONTE.STS OF ELECTIONS. 


Section 

5124. Presidential electors. 

5125. Commission to hear contest. 

5126. Powers of and rules governing com¬ 

mission. 

5127. Proceedings under judgment of ouster. 

5128. Costs. 


STATE OFFICERS, SUPREME AND 
COURTS OF APPEALS JUDGES. 

5129. Contest of election of state officers and 

supreme and courts of appeals 
judges. 

5130. Who may contest such election. 

5131. Mode of procedure. 

5132. Notice; answer and reply. 

5133. Extension of time; testimony. 

5134. Taking and filing testimony. 

5135. Hearing and judgment. 

5136. Bond and costs. 

JUDGES OF COMMON PLEAS AND 
SUPERIOR COURTS. 

5137. Contest of election of common pleas 

and superior court judges. 

5138. How appeal shall be taken. 

5139. Time for answer and reply. 

5140. Testimony. 

5141. Taking and filing testimony. 

5142. Proceedings upon filing oi petition. 

5143. Hearing of contest; petition in error. 

5144. Bond and costs. 

5145. Limitation for filing petitions in error. 

MEMBERS OF THE GENERAL 
ASSEMBLY. 

5146. Contest of ejection of members of 

general assembly. 

5147. Mode of procedure. 

COUNTY OFFICERS. 

5148. Contest of election of county officers. 

5149. Notice of appeal. 

5150. Who may take testimony. 

5151. Testimony must be transmitted to 

court. 

5152. What is competent; how errors cured. 

5153. When case heard; costs. 

COUNTY SEAT. 

5154. Contest of election as to county seat. 

5155. Notice and bond by contestor. 

5156. Publication of notice and appointment 
of commissioner. 


Section 

5157. Duties of commissioner. 

5158. Powers of commissioner. 

5159. When testimony shall close; filing in 

court. 

5160. Hearing in court of common pleas; 

judgment. 

5161. Continuance; costs. 

JUSTICES OF THE PEACE. 

5162. Contest of election of justice of the 

peace. 

5163. How contest shall be tried. 

5164. Witnesses. 

5165. Trial of contest. 

5166. What votes shall be thrown out. 

5167. Talesmen; justice to preside in ab¬ 

sence of judge. 

5168. Costs, how paid. 

MUNICIPAL OFFICERS. 

5169. Contest of election of municipal offi¬ 

cers. 

UNDER STATE REFERENDUM. 

5169-1. Contests under state referendum; time 
and place of filing petition; notice of 
contest; holding of ballots. 

5169-2. Naming of judge to hear contest; 

where hearing held. 

5169-3. Procedure where contest involves 
counting of ballots. 

5169-4. Contests in subdivisions. 

5169-5. When precinct ballots shall be void. 

5169-6. Precinct vote shall not be counted 
when bribery, etc., is proven. 
5169-7. Procedure in cases of fraud, etc., not 
involving recount. 

5169-8. Naming of challengers when questions 
are submitted. 

5169-9. How number of challengers determ¬ 
ined. 

5169-10. Blank ballots shall be tallied and cer¬ 
tified. 

5169-11. Failure of election officials to perform 
duty a misdemeanor. 

5169-12. Attempt to hinder inspector or chal¬ 
lenger in performance of duty. 
5169-13. Wearing badge^ etc., indicating prefer¬ 
ence, by election officials, prohibited. 
5169-14. Judges and clerks; offenses of relating 
to ballots. 

5169-15. Appointment of special deputy sheriffs. 
5169-16. Violation, prima facie case of fraud. 
5169-17. Penalty; fined and disqualified as elec¬ 
tion official. 


PRESIDENTIAL ELECTORS. 

Section 5124. Any qualified voter may contest the Presidential 
election of the electors of president and vice president of electors, 
the United States, or any of them, by serving notice upon 
each contestee in the manner and time prescribed in case 
of contest of the election of county officers, and filing a 
copy of such notice with the governor within five days after 
the mailing by him of the certificates of election of such 

151 





CONTESTS OF ELECTIONS. 


Chap. 11 


CS2 


electors. The provisions of law relating to the taking of 
testimony in contest of elections of county officers shall 
apply to such contest, except that all testimony taken and 
all matters relating to the contest shall be sent to and filed 
with the secretary of state before the day appointed by the 
governor for the hearing. Such contest shall be heard and 
determined as hereinafter provided. (R. S. Sec. 2970 a.) 

Commission to SECTION 5125. Upon the filing of a copy of such 

hear contest, noticc with the govemor, he shall within five days appoint 
four judges of the court of appeals, not more than two of 
whom shall be of the same political party, or so reputed to 
be, who, with the governor, shall be a commission to hear 
and determine such contest. He shall appoint the time of 
such hearing, which shall be within ten days, and give such 
judges notice thereof. Thereupon a certified copy of the 
notice filed with the governor by the contestor, and notice 
in writing to the contestee or contestees of the time so ap¬ 
pointed for the hearing, requiring him or them to attend 
in the hall of the supreme court at Columbus at such time, 
and answer the contest, shall be issued by the secretary of 
state to the sherifif of Franklin county, or if he is disqual¬ 
ified, to the coroner thereof. Such certified copy and no¬ 
tice in writing shall be served by the sheriff or coroner upon 
such contestee or contestees in any county, and return 
thereof made to the secretary of state, as upon summons 
in civil action. The secretary of state shall act as secretary 
of the commission and discharge such duties as it directs. 
(103 V. 422 .) 

Powers of and SECTION 51 26. In hearing and determining such con- 

rules govern- .... • • 1 .. . . . .. .. 

ing commis¬ 
sion. 


Proceedings 
under judg¬ 
ment of 
ouster. 


test, tne commission snail nave ana exercise an tne powers 
and authority and be governed by the same rules of pro-, 
cediire as are hereinafter prescribed for contests of elec¬ 
tions of state officers, so far as they are applicable and sub¬ 
ject to the constitution and laws of the United States. In 
any order or vote by the commission in the final decision or 
judgment upon the contest, the governor shall vote, if the 
other members of the commission are equally divided, and 
not otherwise. Upon the contest at any election of electors 
of president and vice president of the United States, the 
judgment of the commission shall be final and conclusive 
thereof, and the record of the judgment and proceedings 
shall be filed and kept by the secretary of state in his office. 
(R. S. Sec. 2970 c.) 

Section 5127 . If the contestee or contestees are 
ousted by the judgment of the commission, the certificates 
of election issued to- him or them shall be null and void. 
The governor shall forthwith make and transmit by mail to 
the person or persons ascertained and determined by the 
judgment of the commission to have been duly elected, a 
certificate of his or their election to such office and shall 
cause notice of his or their election and of such judgment 
to be proclaimed and published as prescribed by law in 
case of original notice of election of electors. (R. S. Sec. 
297od.) 


Qiap. II 


CONTESTS OF ELECTIONS. 


153 


Section 5128 . The commission shall render judgment 
against the party failing in the contest for all the costs, in¬ 
cluding costs of depositions filed and allowed. Execution 
therefore shall be issued to any sheriff in the state and 
levied and collected as upon judgment and execution at law. 
Security for costs, satisfactory to the secretary of state, 
shall be given by the contestor or contestors before notice 
of the contest shall be issued by him. (R. S. Sec. 297 oe.) 

STATE OFFICERS, SUPREME AND COURTS OF APPEALS JUDGES. 

Section 5129. The supreme court shall have exclusive 
jurisdiction of the contest of elections of state officers, chief 
justice of the supreme court, supreme court judges and of 
judges of the court of appeals. If either party to the con¬ 
test is chief justice or a member of the supreme court, he 
shall not sit in the determination of his contest, nor in the 
making of any order preliminary or incident thereto, nor 
shall he sit in the determination of the contest nor upon any 
question preliminary or incident thereto of the election of 
any candidate voted for at the same election in which he 
was a candidate for the office of chief justice or judge of 
the supreme court which is being contested, if-his election 
is also contested. (103 v. 423.) 

Section 5130. Any elector having a right to vote for 
any candidate for state officer, chief justice or judge of the 
supreme court or judge of the court of appeals, by taking 
an appeal from the finding and decision of the canvassing 
board which finds and declares the result of the election 
of such state officer or judge, to the supreme court of the 
state, may contest the election of such state officer or judge. 
(103 V. 423.) 

Section 5131 . Such appeal shall be taken and filed in 
the supreme court within ten days from the declaration 
of the result of the decision by the proper canvassing board, 
and the appeal shall be in the form of a relation addressed 
to the court, in which shall be set forth in brief and plain 
terms that such appeal is taken, by whom, and upon what 
to the answer of the contestee, (89 v. 364 § 8 .) 

Section 5132 . Notice of such appeal together with 
a copy of the relation shall be served upon the contestee in 
the same manner as a summons in a civil action, within five 
days from the time of filing the appeal. The contestee 
shall have fourteen days from the time service has been 
made upon him in which to answer the relation, and the 
contestor shall have seven days thereafter in which to reply 
to the answer of the contestee. (89 v. § 8 .) 

Section 5133 . Upon notice to the opposite party, the 
court or a judge" thereof may for a good reason extend the 
time for either answer or reply. Testimony may be taken 
by either party as in civil actions at any time after copy of 
relation has been served upon the contestee. Any notary 
public may take such testimony in any county in the state, 
without reference to the county in which he resides. If 


Costs. 


Contest of 
election of 
state officers 
and supreme 
and court of 
appeals 
judges. 


Who may 
contest such 
election. 


Mode, of 
procedure. 


Notice; an¬ 
swer and 
reply. 


Extension of 
time; testi¬ 
mony. 


154 


CONTESTS OF ELECTIONS. 


Chap. II 


Taking and 
filing testi¬ 
mony. 


Hearing and 
judgment. 


I’ond and 
costs. 


taken in short-hand, the signature of the witnesses shall not 
be necessary to depositions so taken, if such depositions 
have been read over to the witness and approved and the 
facts are certified by the notary. (89 v. 3665 § 9.) 

Section 5134. In contests of election in the supreme 
court, all testimony shall be in the form of depositions. 
The contestor shall take and file his testimony within thirty 
days from the time his reply should be filed, unless upon 
notice of the contestee further time is given by the court 
or a judge thereof. The contestee shall file his testimony 
within thirty days from the expiration of the contestor’s 
time, unless upon notice to the contestor further time is 
granted by the court or a, judge thereof. (89 v. 365 § 10.) 

Section 5135. The court shall hear and determine 
such contest in a summary manner, and, if practicable, be¬ 
fore the term of office in question shall begin, and to that 
end the court shall make any and all proper orders as to 
time^and manner of procedure. It shall have full power 
to render such judgments and make such orders as the 
laws and the facts may warrant, including judgments of 
ouster and induction. (89 v. 365 § ii.) 

Section 5136. If the contesting elector be not the 
claimant of the office, he shall at the time of filing his 
appeal file a bond with surety approved by the clerk, con¬ 
ditioned that he will pay all costs that may be adjudged 
against him therein. Upon final hearing, the court shall 
adjudge the costs of the case as it deems just and equitable, 
and in such adjudication it may find what part, if any, 
thereof should be paid from the state treasury. (89 v. 365 

§ 12.) 


Contest of 
election of 
common pleas 
ai d superior 
court judges. 


I low appeal 
sliall be 
taken. 


JUDGES OF COMMON PLEAS AND SUPERIOR COURTS. 

Section 5137. The court of appeals shall have exclu¬ 
sive original jurisdiction of the contest of election of com¬ 
mon pleas and superior court judges. The contest shall be 
had in the county in which the contestee resides. Any 
elector of the city, county, or subdivision may contest the 
election of any such judge by taking an appeal from the 
finding and decision of the canvassing board which finds 
and declares the result of the election of such judge to the 
court of appeals of the county in which the contestee re¬ 
sides. (103 V. 423.) 

Section 5138. Such appeal shall be taken and filed 
in the court of appeals within ten days from the declaration 
of the results by the canvassing board. The appeal shall be 
in the form of petition, addressed to the court, in which 
shall be set forth in brief and plain terms that such appeal 
is taken, by whom and upon what grounds the election is 
contested. Notice of the appeal, together with a copy of 
the petition, shall be served upon the contestee in the same 
manner that summons in civil action may be served, within 
five days from the time of filing the appeal. (103 v. 423.") 


Chap. II 


CONTESTS OF ELECTIONS. 


155 


Section 51 39 *. The contestee shall have fourteen days 
from the time service has been made upon him to file his 
answer and the contestor shall have live days thereafter 
to reply. The contest shall be confined to the matters 
alleged in the pleading. (89 v. 363 § i.) 

Section 5140. Testimony may be taken by either 
contestor or contestee, as in civil action, at any time after 
service has been made upon the contestee. Any notary pub¬ 
lic may take such testimony in any county of the state with¬ 
out reference to the county in which he resides. If taken 
in shorthand, the signature of the witnesses shall not be 
necessary to depositions so taken, if such depositions have 
been read over to the witness and approved and such fact 
is certified by the notary. (89 v. 363 § 2.) 

Section 5141. The contestor shall take and file -all his 
testimony by deposition within twenty days from the time 
that his reply to the answer should be filed, unless, upon 
notice to the contestee, further time is given by the court 
of appeals, or a judge thereof. The contestee shall take 
and file all his testimony by deposition within twenty days 
from the expiration of the contestor’s time, unless, upon 
notice to the contestor, further time is granted by the court 
or a judge thereof. Witnesses may be compelled to attend 
and be examined orally in open court, as in civil cases. 
(103 V. 423.) 

Section 5142. As soon as the contestor has filed his 
petition, the clerk shall notify the presiding judge thereof. 
If necessary, the judges shall provide for a special term in 
such county to hear and determine such contest in a sum¬ 
mary manner, and if practicable, before the term of the 
office in question shall begin, and cause the clerk to notify 
the parties of any order of the court. (89 v. 363 § 3.) 

Section 5143. The court shall hear and determine 
the contest without the intervention of a jury. In the con¬ 
duct of the case, exceptions may be taken by either pa/ty 
as in civil actions, and the supreme court shall in a sum¬ 
mary manner hear and determine all errors alleged by 
either party, to be presented by petition in error as in civil 
actions. The court of appeals and supreme court may 
render such judgments and make such orders as the law 
and the facts warrant, including judgment of ouster and 
induction, and the judgment of the supreme court shall be 
decisive of the contest. (103 v. 423.) 

Section 5144. If the contesting elector is not a claim¬ 
ant for the office, he shall at the time of filing his appeal 
also file a bond, with sureties to be approved by the clerk, 
conditional that he will pay all costs that may be finally 
adjudged against him therein. Upon the final hearing, the 
court shall adjudge the costs of the case as to it .seems just 
and equitable, and in such adjudication it shall find what 
part, if any thereof should be paid from the state treasury. 
(89 V. 364 § 5.) 


Time for 
answer and 
reply. 


Testimony. 


Taking ana 
filing testi¬ 
mony. 


Proceedings 
upon filing 
of petition. 


Hearing of 
contest; peti¬ 
tion in error. 


Bond and 
costs. 


CONTESTS OF ELECTIONS. 


Giap. II 


156 


Limitation for 
filing petitions 
in error. 


Contest of 
election of 
members of 
general as¬ 
sembly. 


Mode of 
procedure. 


Contest of 
election of 
county offi¬ 
cers. 


Notice of 
appeal. 


Section 5145. After the expiration of twenty days 
from the rendition and entry on the journal of the final 
judgment of the court of appeals neither party shall have 
the right to file a petition in error in the supreme court for 
review of the court of appeals. (103 v. 424.) 

MEMBERS OF THE GENERAL ASSEMBLY. 

Section 5146. The right of a person declared duly 
elected to the office of senator or representative in the gen¬ 
eral assembly may be contested by any elector of the dis¬ 
trict or county by appeal to that branch of the general as¬ 
sembly to which such person is declared elected. Such 
elector shall serve like notice in the manner and within the 
time prescribed in case of contests of the election of county 
officers. (R. S. Sec. 3003.) 

Section 5147. The provisions herein contained re¬ 
lating to the taking of testimony in cases of contest of elec¬ 
tions of county officers, shall apply to such contest, except 
that all testimony taken and all matters relating to the con¬ 
test shall be sent to that branch of the general assembly to 
wliich the contestee was declared elected and be filed with 
the clerk thereof on or before the tenth day of the first ses¬ 
sion of the general assembly after the election. (R. S. Sec. 
3004.) 

COUNTY OFFICERS. 

Section 5148. The right of a person declared duly 
elected to any county office or to the office of probate judge 
may be contested l)y any elector of the county by appeal 
to the court of common pleas of the county., (R. S. Sec. 
2997 - 

Note: — In an election contest or an appeal in the court of 
common pleas questions of law arising upon evidence brought on 
the record by a bill of exceptions, are subject to review on error 
without a motion for a new trial having been made and over¬ 
ruled. 

Phelps V. Schroder, 20 O. S. 549 . 

In an action to contest an election where the election officers 
are functus officio, the fact that none of the ballots in dispute were 
counted by the election officers may be established by parol evidence. 

Williams v. Barker, 17 N. P. 679 , (B. Aug. 5 , 1907 ). 

In a contested election case, where the term of office has 
begun before the case is brought to trial, a finding in favor of the 
contestant should be accompanied by a judgment of ouster and of 
induction of the contestant into office. — Ibid. 

Section 5149. The contestor shall file a notice of 
such appeal with the clerk of such court and give notice 
thereof in writing to the contestee, or leave such notice 
at the house where he last resided, on or before the thir¬ 
tieth day after the day of eletcion. The notice shall state 
the grounds of contest and the names of two justices of 
the peace before whom depositions will be taken, and the 
place, and a time, not less than ten days nor more than 


Chap. II 


CONTESTS OF ELECTIONS. 


157 


twenty days from the day of service thereof, where and 
when such justices will attend and take the depositions. 
(R. S. Sec. 2997.) 

Section 5150. Such justices, or either of them, or 
officers, before whom depositions are taken in the case, shall 
issue subpoenas for all persons whose testimony may be 
required by either party, and subpoenas duces tecum for 
the production of the books, papers, ballots or things re¬ 
lating to such election, and they may compel the attendance 
of witnesses and the production of everything named in the 
subpoenas. (R. S. Sec. 2998.) 

Section 5151. The justices shall not receive testi¬ 
mony upon any point not named in the notice. When met, 
they shall hear the testimony and certify it under seal, 
including a copy of the notice, which shall be delivered to 
them by the contestor for that purpose, which testimony 
and copy shall be transmitted by them to the court of com¬ 
mon pleas of the county not less than thirty days after 
the day fixed in the notice to begin the taking of testimony. 
The contest shall be heard and determined by the court, 
if then in session, and if not then in session, at the first 
term thereof thereafter. (R. S. Sec. 2000.) 

Section 5152. On the trial, either party may intro¬ 
duce oral testimony or depositions of witnesses taken as 
provided in civil actions. When any omission, defect or 
error occurs in the proceedings of an officer in declaring 
or certifying that a person was duly elected to an office, 
it may be corrected by oral or other testimony, offered at 
the hearing of any preliminary proceeding or at the trial. 
(R. S. Sec. 3001.) 

Section 5153. Upon motion of either party, the court 
shall at once take up and determine any pending matter 
relating to the contest, otherwise the case shall be heard 
in its regular order upon the docket. The court shall ren¬ 
der judgment against the party failing in the case for all 
the costs of the contest, including the costs of depositions. 
(R. S. Sec. 3002.) 

COUNTY SEAT. 

Section 5154. Any elector of a county in which a 
law for the removal of the county seat thereof has been 
submitted to the electors thereof for adoption, may contest 
. the validity of the vote given at such election upon such 
question. (R. S. Sec. 3015.) 

Section 5155. Within twenty days after the day of 
such election, the elector so contesting shall file in the office 
of the probate judge of the county notice of his intention 
to contest the validity of the vote. Within the same time, 
he shall also file in such office a bond to the state, approved 
by the probate judge, or in his absence or disability or re¬ 
fusal to act, by the clerk of the court of common pleas of 
the county, conditioned for the payment of all costs that 
accrue upon the contest in the event the result of the vote 


Who may 
take testi¬ 
mony. 


Testimony 
must be trans¬ 
mitted to 
court. 


What is com¬ 
petent; how 
errors cured. 


When case 
heard; costs. 


Contest of 
election as to 
county seat. 


Notice and 
bond of con¬ 
testor. 


Oiap. II 


15^ 


CONTESTS OF ELECTIONS. 


Publication of 
notice and ap¬ 
pointment of 
commissioner. 


Duties of 
commissioner. 


Powers of 
commissioner. 


When testi¬ 
mony shall 
close; filing 
in court. 


Upon such question, as certified and made known, is not in¬ 
validated by and upon the contest. Under the notice so 
filed, any other elector may file in such office within such 
time a like undertaking, to be in like manner approved, 
and proceed with such contest in accordance with these 
provisions, in the event the party filing the notice fails to 
prosecute the contest at any time during the proceedings. 
(R. S. Sec. 3016.) 

Section 5156. Upon the filing in the office of the 
notice or undertaking, the probate judge or clerk shall 
publish in a newspaper of general circulation in the county 
the fact of the filing of the notice and undertaking, and, 
without delay, shall forward to the governor duly cer¬ 
tified copies of the notice and undertaking. On receipt of 
the copies, the governor shall, without delay, appoint a 
competent disinterested person to serve as commissioner 
and perform the duties herein prescribed in the matter 
of the contest. In case of the death or disability of the 
commissioner, the governor may fill the vacancy. (R. S. 
Sec. 3017.) 

Section 5157. The commissioner shall be sworn 
faithfully to discharge the duties, required of him. Within 
ten days after being notified of his appointment he shall go 
to the office of the probate judge of the county and, having 
notified the contestors verbally or otherwise of his presence, 
he shall proceed at such office and at such other places in 
the county as he finds convenient to examine all witnesses 
produced or brought before him and take their testimony 
in writing as to the validity of the votes cast at such elec¬ 
tion upon such question and as to the validity of the result 
thereof. He may take or cause to be taken in writing 
the depositions of persons as he deems material in the 
determination of the contest at any place out of the county 
in such manner and before such authority as he prescribes. 
For these purposes, he may administer oaths to witnesses, 
issue processes of subpoena and attachments to compel 
the attendance of witnesses and punish for contempts as 
may be done by officers authorized to take depositions in 
civil actions. (R. S. Sec. 3018.) 

Section 5158. In executing his duties, the commis¬ 
sioner shall hold open sessions, he may preserve order 
while in the execution of his commission and punish con¬ 
tempts in the same manner as courts of justice are by law 
authorized to do while in session. He may command the 
services of the sheriff and other ministerial officers of the 
county and employ the assistance of such clerks as are 
necessary to reduce to writing, evidence taken under his 
supervision. (R. S. Sec. 3018.) 

Section 51 59 - The commissioner shall finish taking 
testimony within forty days after he reaches the office 
of the probate judge. The evidence taken before him or 
by his direction shall be properly certified, sealed and 
endorsed by him, indicating that the package contains evi- 


Chap. II 


CONTESTS OF ELECTIONS. 


159 


deuce taken upon the contest and filed in the office of the 
clerk of the court of common pleas of the county. Upon 
being so filed, the clerk shall enter the case upon the appear¬ 
ance and trial dockets of the court in its proper order with 
other cases. The court or a judge thereof for the sub¬ 
division in which the county is situated, at the next regular 
term thereof or at an earlier time, shall cause the package 
to be opened, preserved and kept in such office for the 
use and inspection of the parties to the contest and their 
counsel. (R. S. Sec. 3019.) 

Section 5160. At the next term of the court or at an 
earlier day, if so ordered by the judge, the matter of the 
contest shall be brought to final hearing upon the law 
applicable to the case, and the evidence taken and filed as 
herein provided. No part of the evidence shall be re¬ 
jected by reason of any mere technical objection to its form 
or the manner of taking or certifying it. If, upon the 
hearing, the court or judge finds that illegal votes were 
cast at the election upon such question by reason whereof 
or for any other reason found by the court or judge, the 
result of the election or vote so returned and certified is 
contrary to what it would have been but for such illegal 
votes or other reason, the court or judge shall enter and 
certify such finding on the records of the court. Upon 
the hearing, if the court or judge finds that the result 
of the election or vote would not, by reason of illegal votes 
or other cause have been contrary to the return thereof, 
as certified, the court or judge shall certify and enter such 
finding on the record of the court. If, upon the finding, 
it appears that a majority of the electors voting at such 
election voted in favor of adopting the law, it shall be 
taken and held to be adopted. (R. S. Sec. 3020.) 

Section 5161. For sufficient cause, the court or judge 
may continue the hearing of the contest from time to time 
until it can be finally disposed of. If the result of the 
election is not changed by the final order or certificate 
of the court, the costs and expenses of the contest, which 
shall be taxed by the clerk, subject to the order of the court, 
shall be adjudged against the contestors. If the result of 
the election is changed by the final order or certificate, the 
costs or expenses shall be paid from the treasury of the 
county from any money not otherwise appropriated. The 
commissioner shall be allowed for his services, to be taxed 
as costs, five dollars for each day of time he has been 
employed, and each clerk shall be allowed two dollars for 
each day employed in writing testimony. (R. S. Sec. 
3021.) 

JUSTICES OF THE PEACE. 

Section 5162. Within ten days after the day of the 
election,, any candidate or elector of the township may 
contest the election of a justice of the peace. Such can¬ 
didate or elector must notify the probate judge of the 
county of such intention, specifying the points on which the 


Hearing in 
court of 
common 
pleas; 
judgment. 


Continuance; 

costs. 


Contest of 
election of 
justice of tlie 
peace. 


6 o 


CONTESTS OF ELECTIONS. 


Qiap. II 


How contest 
shall be 
tried. 


Witnesses. 


Trial of 
contest. 


VVHiat votes 
shall be 
thrown out. 


Talesmen; 
justice to pre¬ 
side in ab- 
serce of 
j udge. 


contest shall be based. The probate judge shall give notice 
thereof to the person whose election is contested, stating 
the name of the contestor, the points on which he relies, and 
citing him or them to appear at is office on a day not more 
than fifteen days from the day of the election, but allowing 
such person five days’ notice of the contest. (R. S. Sec. 

572.) 

Section 5163. On the same day that he issues the no¬ 
tice to the person whose election is contested the probate 
judge shall issue summons to three freeholders of the 
county, not resident in such township, to appear on a day 
specified therein and try the contest. The summons shall 
be directed to the sherifif or a constable of the county and 
shall be served at least three days before the time appointed 
for the trial, and return thereof made at the time and place 
of the trial. (R. S. Sec. 573.) 

Section 5164. On request of the contestor or the per¬ 
son whose election is contested, the probate judge may 
issue subpoenas for witnesses directed to the sheriff or a 
constable of the county who shall serve and make return 
thereof to the judge at the time and place therein named. 
(R. S. Sec. 574.) 

Section 5165. The jury of freeholders shall be sworn 
to try the contest on the evidence. No evidence shall be 
admitted which does not relate to the points set forth in 
the notice. When the trial is closed, the freeholders shall 
sign their decision, which shall be attested by the probate 
judge. If, by the decision, a vacancy exists in the office 
of justice of the peace, within three days thereafter, the 
judge shall transmit a copy thereof to the trustees of the 
township or, if there are no trustees, to the clerk thereof. 
If by the decision the election is valid, he shall so certify 
to the proper officers, and the provisions of law thereafter 
applicable shall be complied with. (R. S. Sec. 575.) 

Section 5166. No election of a justice of the peace 
shall be set aside because illegal votes were cast at the 
election, if it apppears that the person whose election is 
contested has the greatest number of legal votes given at 
such election. (R. S. Sec. 576.) 

Note: — The nominees for the office of justice of the peace 
of a township containing more than one precinct, receiving the 
highest number of votes of such township are entitled to the cer¬ 
tificates of election, without regard to the precinct in which they 
reside. 

Section 5167. If a freeholder summoned fails to at¬ 
tend at the time and place of trial, the judge shall appoint 
another freeholder in his place. If the judge fails to at¬ 
tend the trial, any disinterested justice of the peace of the 
county may perform the duties required of such probate 
judge. (R. S. Sec. 577.) 


Chap. II 


CONTESTS OF ELECTIONS. 


l6l 


Section 5168. If the contestor fails to set aside such 
election, the judge shall render judgment against him for 
the costs, from which judgment there shall be no appeal, 
and issue execution therefor to the sheriff, or a constable 
of the county. If the election is set aside, the cost^ shall 
be paid by the township in which it was held. The judge 
shall make out and certify a bill of such costs and forward 
it to the trustees of the township who shall issue their 
orders on the township treasury for its payment. The pro¬ 
bate judge and each freeholder shall receive for each day 
one dollar, and the witnesses, sheriff, or constable the same 
fees as in other cases. (R. S. Sec. 578.) 

MUNICIPAL OFFICERS. 

Section 5169. The election of any municipal officer, 
except a member of the council, may be contested in the 
manner hereinbefore provided for contesting the election of 
justices of the peace, but in cities the election of any such 
municipal officer may be contested only in the manner pro¬ 
vided for the contest of election of county officers. (R. S. 
Sec. 1731.) 

Note: — In a proceeding to contest the election of a town¬ 
ship trustee held under the Australian ballot law, rejection and 
destruction of the ballots by the judges of election is not final or 
conclusive, but the contents of the ballots thus rejected and de¬ 
stroyed may be shown by parol. 

In the absence of any statutory provision for the contest of 
election of towmship officers quo warranto is the proper remedy 
for determining the legality of an election of township trustee. 

A statute will not be construed as abridging or repealing the 
right to contest an election for fraud or mistake unless such inten¬ 
tion is clearly expressed. 

.State ex rel v. Couser 566 (N. S.) 119. 

Section 5169-1. Any qualified elector may contest an 
election, or demand a recount of ballots on questions sub¬ 
mitted to the voters of the state under a state referendum, 
as hereinafter provided. Such elector having a right to 
vote on the question submitted and having voted may file a 
petition setting forth the grounds of contest with the clerk 
of the common pleas court of Franklin county not more than 
fifteen days after the official canvass and announcement of 
such vote for the state by the state canvassing board. The 
contestant may file with the clerk of such court and secre¬ 
tary of state a notice of his intention to contest the elec¬ 
tion before the announcement of the official count by the 
‘state canvassing board, and the secretary of state shall 
forthwith notify all the deputy state supervisors of elections 
or deputy state supervisors and inspectors of elections in 
the counties involved in such contest to hold^ the ballots 
cast at such election, on such question or questions subject 
to the order of such court. Such notice shall be served by 
the secretary of state by mailing a true and certified copy of 
such notice of contest and order to hold such ballots subject 
to the order of the court, by registered mail, to the clerk 


Costs, how 
paid. 


Contest of 
election of 
municipal 
officers. 


Contest of 
elections 
under state 
referendum; 
time and 
place of 
filing 
petition. 


Notice of con¬ 
test; where 
filed. 


Ballots to he 
held subject to 
the order of 
court. 


11 E L. 


CONTESTS OF ELECTIONS. 


Chap. II 


162 


Chief justice 
shall name 
judge to hear 
contest; 
where hear¬ 
ings shall be 
held. 


Procedure 
when contest 
involves 
counting of 
ballots. 


Appeal. 


How appeal 
sliall be 
taken. 


Appointment 
of two mas¬ 
ter commis¬ 
sioners to 
help make 
recount; com¬ 
pensation. 


Inspectors to 

witness 

recount. 


of the board of deputy state supervisors of elections, or 
deputy state supervisors and inspectors of elections, in such 
county or counties, and such clerk is required to acknowl¬ 
edge receipt thereof on receiving the same. (106 v. 17.) 

Section 5169-2. Upon the filing of the copy of such 
notice of such contest, the chief justice of the supreme court 
shall within five days name a common pleas judge to hear 
and determine such contest. A certified copy of the notice 
of such contest shall be sent by the clerk of the court to such 
judge named by the chief justice. Such judge shall within 
five days after the filing of the petition setting forth the 
grounds of contest determine whether there are sufficient 
grounds to justify such contest, fix the bond for court costs 
and the date for such hearing. All of the hearings relating 
to such contest shall be held in the court house of Franklin 
county, Ohio. (106 v. 18.) 

Section 5169-3. If such contest involves the counting 
.of the ballots upon any state referendum in any or all pre¬ 
cincts, wards or townships of the state the procedure shall 
be as follows: 

a. Any qualified elector of the state shall be entitled 
to an appeal from the finding and decision of the deputy 
state supervisors of elections of any county or canvassing 
board which finds and declares the result of the election. 

b. Such appeal shall be taken and filed with the clerk 
of the common pleas court of Franklin county not later 
than fifteen days from the declaration of the result of the 
decision by the canvassing board, and the appeal shall be 
in the form of a relation addressed to the court, in which 
shall be set forth in brief and plain terms the reasons 
thereof; that the contestant believes that there is irregu¬ 
larity or error in the count, or that a mistake or fraud was 
committed by the election judges and clerks of said election; 
and that such error, mistake, irregularity or fraud changed 
the result of the election. The contestant shall also state 
which side of the state referendum he represents. (106 v. 

c. Upon the giving of such bond herein provided and 
after a prima facie case of fraud, mistake or error is shown 
by affidavit or otherwise the court shall immediately order 
the ballots of the precincts, wards, or townships in which 
the recount is demanded, to be sent to the court in Colum¬ 
bus, Ohio, by such manner as such court may designate, 
and said court may apoint two master commissioners to 
help make said recount. The attorneys representing the 
contestant and the attorney general representing the con- 
testee mav be present at all hearings on such recount. Such 
commissioners shall receive three dollars each per day, and 
their actual traveling expenses when approved by the pre¬ 
siding judge of said court. 

d. The contestant and contestee shall each be entitle^l 
to appoint one inspector who shall be allowed to witness 
the recount. 


Chap. II 


CONTESTS OF ELECTIONS. 


163 


e. The result of the recount of ballots shall be re¬ 

ported to the court together with all the disputed ballots 
and any ballots not counted for any reason, within three 
days after the same shall have been completed. The court 
after inspecting and passing on such disputed and un¬ 
counted ballots shall add such thereof as shall be found to 
be legal, to the number of legal ballots determined by the 
recount. In passing on such disputed, uncounted, or any 

other ballots cast, if it be shown to the satisfaction of the 

court that such ballots were procured by fraud, duress, 
bribery, intimidation, or for money or other valuable con¬ 
sideration, such ballot or ballots shall be rejected as illegal 
and void. 

f. If the recount, as finally approved by the court, 

shows a difference from the result of the count by the elec¬ 
tion judges and clerks of said precincts, wards or town¬ 
ships, the court shall make and enter a finding setting out 
whether or not such difference, error or mistake, was will¬ 
ful, or the result of fraud or any gross negligence on the 

part of said judges or clerks, or either of them. If the 

court find that such difference, error or mistake was the 
result of fraud, gross negligence or willfulness on the part 
of any judge or judges, or clerk or clerks, or other person 
or persons, said court shall, after reasonable notice to such 
judge, clerk or other person or persons, and after affording 
him or them an opportunity to be heard, adjudge the costs 
of such recount against such judge, clerk or other person 
or persons, and he or they shall not be entitled to any ex¬ 
emption against such judgment. The court may, at its dis¬ 
cretion, include in said judgment in addition to the costs 
aforesaid, a penalty in any sum not to exceed $500, which 
penalty, when collected, shall be paid into the common 
school fund of the state of Ohio. 

g. Any person who tampers with, or changes the bal¬ 
lots, or opens the receptacles in which the ballots are con¬ 
tained without the order of the court, shall be fined not less 
than $500, nor more than $1,000, and be imprisoned in the 
county jail not less than six months nor more than one year. 
(106 V. 19.) 

Section 5169-4. Whenever any question is submitted 
to the voters in a subdivision of the state either in a county 
or municipality, or township, the contest shall be filed in the 
common pleas court of the county and the notice of contest 
and, other papers shall be filed -with the clerk of the court 
of common pleas. Such clerk shall perform the duties im¬ 
posed upon the secretary of state, and such common pleas 
court shall perform the duties imposed upon the court 
hearing the contest as set forth herein, and the ballots shall 
be ordered sent to the court at the county seat of the county 
in which the contest is filed. In all other respects the pro¬ 
visions of this act relating to honest elections in a state 
referendum shall apply to a referendum in a county or 
sub-division thereof. ( 106 v. 20.) 


Report of re¬ 
count and 
passing of 
court upon 
disputed and 
uncounted 
ballots. 


Finding of the 
court; costs of 
recount; 
penalty. 


Tampering 
with or chang¬ 
ing ballots; 
penalty. 


Contests in 
subdivisions; 
where notice 
and other 
papers shall 
be filed. 


164 


CONTESTS OF ELECTIONS. 


Chap. II 


When precinct 
ballots shall 
be void on 
account of 
error, fraud, 
etc. 


Precinct vote 
shall not be 
counted when 
bribery, etc., 
is proven. 


Procedure in 
cases of 
fraud, brib¬ 
ery, etc., 
not involving 
recount. 


Committees 
shall name 
two chal¬ 
lengers when 
questions are 
submitted. 


How number 
of challengers 
determined. 


Proclamation 
and certifi¬ 
cation of re¬ 
sult of the 
election; 
preservation 
of ballots. 


Blank bal¬ 
lots shall 
be tallied 
and certified. 


Section 5169-5. If, in any of the precincts the error 
or fraud, or other irregularity is such as to make it impos¬ 
sible to ascertain the correct result, the ballots from such 
precinct shall be thrown out and considered void. 

Section 5169-6. The vote from any precinct shall not 
be counted when it is proven by the contestants that there 
was bribery or intimidation of the electors in such precinct 
and the court finds that the contestants were in the minority 
in such precinct and were not in any way implicated in the 
bribery or fraud complained of. (106 v. 20.) 

Section 5169-7. Whenever there has been fraud, bri¬ 
bery or intimidation of electors, misconduct on the part of 
election officials or irregularities, or other proper subject- 
matter for a contest of an election by a state referendum, 
not involving a recount of the ballots, the procedure shall be 
the same as in the hearing of a contest for a recount, as 
hereinbefore set forth, with the exception that the ballots 
shall not be held more than thirty days, as now provided 
by law. (106 V. 20.) 

Section 5169-8. In all state referendum elections 
where questions are submitted, the committee representing 
each side of the question shall have the right to name two 
challengers to represent their side of the question in the 
election booth on election day. Such challengers shall be 
named and appointed by the same method as provided for 
naming an inspector to the count on questions involving a 
state referendum, as provided in section 5080-1, 104 session 
laws, p. 124. Only one challenger at a time for each side 
shall be allowed to remain in the voting booth. In de¬ 
termining the number of challengers permitted under this 
section, the limitation provided in section 5080-1 of the 
General Code shall apply only to the one challenger per¬ 
mitted to be in the voting booth. 106 v. 20.) 

Section 5169-9. As soon as the ballots are counted, 
the chairman of the board of elections in each precinct shall 
in his proclamation of the result of the election publicly 
proclaim how many ballots were cast that were blank or not 
marked, and shall also certify to the same in manner as re¬ 
quired by law for all other ballots to be certified, and all 
blank ballots on which no mark is made on any question, 
or questions submitted, shall be put in a separate envelope 
properly labeled and placed in the receptacle with the 
marked ballots to be held for thirty days. (106 v. 21.) 

Section 5169-10. After completing the counting and 
enumeration of the ballots, and proclaiming and issuing the 
result, as heretofore directed by law, the number of blank 
ballots cast upon any question or office shall be set down in 
the tally sheets and poll books and certified in the same man¬ 
ner as required by law for any other ballot or ballots cast. 
(106 V. 21.) 


Chap. II 


CONTESTS OF ELECTIONS. 


165 


Section 5169-11. Whoever violates any of the pro¬ 
visions of sections 9 or 10 of this act shall be guilty of a 
misdemeanor and upon conviction thereof shall be fined not 
less than $100 nor more than $500, and upon conviction 
shall forfeit such office. (106 v. 21.) 

Section 5169-12. Whoever being judge or clerk of 
election in any ward, township or precinct, or any other per¬ 
son prevents or hinders, or attempts to prevent or hinder, 
any inspector of the count or any challenger from perform¬ 
ing his official duty under the provisions of this act shall be 
guilty of a misdemeanor. (106 v. 21.) 

Section 5169-13. Whoever being a judge, clerk, deputy 
sheriff, special deputy sheriff, or other election officer, while 
performing the duties of his office wears any badge, sign, or 
other insignia or thing indicating his preference on the 
question submitted, or influences or attempts to influence 
any voter to cast his ballot for or against any question or 
proposition submitted at such election shall be guilty of a 
misdemeanor. (106 v. 21.) 

Section 5169-1*4. Whoever being a judge or clerk of 
election in any ward, precinct or township, fails to give to 
any elector any ballot which such elector is entitled to have 
and vote, or deposits in the ballot box any ballot other than 
the one handed to him by the voter entitled to vote the same, 
or counts any ballots for or against any question or propo¬ 
sition other than as it is voted, or so counts any blank bal¬ 
lot, shall be guilty of a misdemeanor. (106 v. 21.) 


Failure of 
election offi¬ 
cials to per¬ 
form duty, a 
misdemeanor. 


Attempting to 
prevent or 
hinder inspec¬ 
tor or ^ chal¬ 
lenger in 
performance 
of duty. 


Wearing of 
badge, sign, 
etc., indi¬ 
cating pref¬ 
erence, by 
election offi¬ 
cials, pro¬ 
hibited. 


Judges and 


clerks, 
offenses of 
relating to 
ballots. 


Section 5169-15. Whenever the committee provided 
by law for naming inspectors and challengers in any county 
files with the sheriff of the county at least five days before 
the election a signed statement that they have good reasons 
to believe that there will be bribery of electors or violation 
of election laws in certain precincts^ wards or townships, 
of the county, at the next election, such sheriff shall ap¬ 
point the persons named by such committee as special 
deputy sheriffs to prevent such violation of the law, but 
he shall not be liable on his bond for the acts of such spec¬ 
ial deputies. The sheriff shall name the persons certified 
to him by said committee, and such deputies shall have the 
same authority to make arrests and serve process as the 
sheriff or other public officer. Such deputies shall have 
the same authority as judges of elections have, as provided 
for in section 4890 of the General Code, to call to their 
aid any officer of the peace or elector to aid them in en¬ 
forcing the law. Each deputy shall give a bond in the sum 
of $1,000 payable to the state of Ohio that he will faith¬ 
fully perform the duties placed upon him to enforce the 
law, for an honest election. The compensation for such of¬ 
ficers shall be paid by the committee naming them, and not 
more than one such officer shall be named for any one pre¬ 
cinct by any committee. (106 v. 21.) 


Appointment 
of special 
deputies by 
sheriff, upon 
statement and 
certification of 
committees. 


Authority of 
deputies. 


CONTESTS OF ELECTIONS. 


Chap. It 


i66 


Violation, 
prima facie 
case of fraud. 


Penalty; fined 
and disquali¬ 
fied as an 
election official 
thereafter. 


Section 5169-16. A violation of any of the provisions 
of this act shall constitute a prima facie case of fraud within 
the purview of this act. (106 v. 22.) 

Section 5169-17. Any person convicted of a misde¬ 
meanor under sections 12, 13 or 14 of this act shall be fined 
not less than $100, nor more than $500, and shall, at the dis¬ 
cretion of the court, be disqualified to hold any office in con¬ 
nection with any election held thereafter in the state of 
Ohio. (106 V. 22.) 


CHAPTER 12. 

MEETING OF PRESIDENTIAL ELECTORS. 


Section 

5170. Meeting of presidential electors. 

5171. Electors shall give notice to governor of 

their presence. 

5172. How vacancies in the office of elector 

filled. 


Section 

5173.,, Tie votes determined by the governor 
by lot. 

5174. Electors shall be notified by the gov¬ 

ernor. 

5175. Compensation of electors and how paid. 


Section 5170. At twelve o’clock on the day appointed Meeting of 
by the congress of the United States, the electors of presi- 
dent and vice president of the United States, shall meet at ^ 
the state house in Columbus, and then and there perform 
the duties enjoined upon them by the constitution and the 
laws of the United States. (R. S. Sec. 2971.) 

Section 5171. Before the hour of twelve o’clock on Electors shall 
the day next preceding the day fixed by the law of congress notice 
to elect a president and vice-president of the United States, of thS"""^*^ 
each elector of president and vice-president shall give notice 
to the governor that he is present, and ready at the proper 
time to perform the duties of an elector. Thereupon the 
governor shall deliver to each such elector a certificate of 
the names of all the electors. (R. S. Sec. 2972.) 

Section 5172. If any of the electors are absent, and how vacancies 
fail to appear before nine o’clock on the morning of the day j" Secto?^^ 
appointed for the election, the electors then present shall filled, 
immediately proceed to elect by ballot in the presence of 
the governor, persons to fill the vacancies occurring through 
such non-attendance. (R. S. Sec. 2973.) 

Section 5173. If two or more persons receive an 
equal and the greatest number of votes at such election, the 
governor, in the presence of the electors attending shall de- b^ lot. 
termine by lot which of such persons is duly elected, other¬ 
wise he or they having the greatest number of votes shall 
be considered elected to such vacancies. (R. S. Sec. 2974.) 

Section 5174. The electors making such choice shall Electors shall 
forthwith certify to the governor the names of the persons 
so chosen, and the governor shall cause immediate notice in 
writing to be given to each of them. The persons so chosen 
and notified and not the persons in whose place they have 
been chosen, shall be electors, and shall meet the other elec¬ 
tors at the time and place appointed, and then and there 
d^charge all the duties enjoined on them as electors by the 
constitution and laws of the United States and of this state. 

(R. S. Sec. 2975.) 

Section 5175. Each elector shall receive three dollars compensation 
for each day’s attendance at Columbus as such, and mileage af^d’h^w^aid. 
at the rate of ten cents per mile for the estimated distance 
bv the usual route, from his place of residence to Columbus. 

Such compensation and mileage shall be paid by the .state. 

(R, S. Sec. 2976.) 


167 



SPECIAL ELECTIOINS 

AIND 

SUBMISSION OF QUESTIONS 


GENERAL PROVISIONS. 

PUBLICITY PAMPHLETS RELATIVE TO 
INITIATIVE AND REFERENDUM. 

Section 

5018-1. Title and text of each proposed law 
or amendment shall be printed in 
pamphlet; explanation. 

5018-2. Five may be named in petition to pre¬ 
pare explanation. 

5018-3. When president of senate and speaker 
of house may name committee to 
prepare explanation. 

5018-4. Cost of distribution of pamphlets; how 
paid. 

5018-5. Mailing copy of pamphlet to each 
voter in state,; mailing list. 

5018-6. When additional copy may be incor¬ 
porated in pamphlet. 

5018-7. Duties of mayors and clerks of muni¬ 
cipal corporations, clerk deputy state 
supervisors in counties. 

5018-8. To what political subdivisions act ap¬ 
plies. 

5018-9. When explanations upon municipal and 
county measures shall be filed. 

LIMITATION AS TO NUMBER OF 
SALOONS. 

1261-.^9. Limitation as to number of saloons; 

petition for submission of question 
of further limitation; notice of elec¬ 
tion; form of ballot; regulations as 
to petitions for limitation; contests; 
hearing; number of licenses that 
shall be granted. 

RELEASE OF TREASURERS AND 
SURETIES. 

2.303. Treasurers and sureties may be re¬ 
leased. 

2304. What finding necessary. 

2305. Appeal from finding. 

2306. Trial in common pleas court. 

2307. Question may be submitted. _ 

2308. Electors may demand submission. 

2309. Notice of election shall be given. 

2310 . Form of ballot. 

2311. Proceedings on result of election. 

GREATER TAX RATE. 

5619-5. Proceedings when maximum rate insuf¬ 
ficient. 

.564 9 5a. Vote; notice; ballot. 

.5649-5b. Result: maximum levy fifteen mills. 
1259-1. Interest and sinking fund levies ex¬ 
empt from taxation. 

COUNTIES. 

EXPERIMENT FARMS. 

1174. Establishment of county e.xperiment 

farms. 

1175. Purposes for which experiment farms 

used. 

1176. Petition for submission of question; 

notice. 

1177. Form of ballot. 

1177-1. Tax leVy. 


AGRICULTURAL AGENT. 

Section 

C921-5. Electors njay require commissioners tfi 
make provision for by referendum; 
submission of question; form of bal¬ 
lot. 

COMBINING PROBATE AND COMMON 
PLEAS COURTS. 

1604-1. Petitiori for submission of question of 
combining probate and common pleas 
courts.' 

1604-2. How petition shall be signed; veri¬ 
fication; objections. 

1604-3. Conduct of election; form of ballot; 
returns and canvass. 

1604-4. Establishment of probate division; 
error and appeals. 

1604-5. Petition for re-establishment. 

1604-6. Re-establishment on increase of popu¬ 
lation. 

BUILDING BONDS. 

2333. Building commission. 

5638. Powers of county commissioners lim¬ 

ited. 

5639- 1. Submission of question to vote after 

passage of resolution; how eleection 
conducted. 

5640- 1. Ballot. 

5641- 1. Certificate of result. 

5642- 1. Bonds to be issued and tax levied. 

5643. Levy for repair of bridges. 

5644. Bonds in anticipation of levy. 

NEW COUNTIES. 

23U. Duties of judges of elections. 

2378. Poll books in precincts of old county. 

2.379. Poll books in two or more old counties. 

2.380. Vote, challenge and oath of electors. 

2381 . Returns, how made. 

2382. Vote on separate ballot. 

2383. Penalty. 

2384. How fines recovered. 

SOLDIERS’ MONUMENT. 

2451. Bequests may be received. 

2452. Erection of monument. 

2453 . When tax may be levied. 

CENTENNIALS. 

2927 . County celebration, appropriation. 

BOARD OF PARK COMMISSIONERS. 
29/5-5. Resolution; procedure in submission 
of question. 

MEMORIAL BUILDINGS. 

3059. Board of trustees. 

3060. Organization, vacancies. 

3061. Question to be submitted. 

14848. Commissioners authorized to lew tax; 

appropriations without submission tu 
vote. 

CHILDREN’S HOME. 

3077. Establishment, _ how submitted. 

3078. Duty of commissioners. 


168 







SPECIAL ELECTIONS. 


169 


HOSPITALS. 

Section 

3127. Special election. 

3128. Petition, contents, publication. 

3129. Form of ballot. 

PURCHASE OF TOLL ROADS. 

9263. When commissioners may purchase. 

BONDS FOR AGRICULTURAL 
SOCIETIES. 

9888. Submission of question. 

9889. Conduct of election. 

9890. Bonds. 

PURCHASE OF FAIR GROUNDS. 

9895. Commissioners may purchase. 

9896. Question of tax to be submitted. 

9897. When tax paid to treasurer. 

9898. When real estate vests. 

9899. Insurance on property. 

9900. May sell, lease or purchase sites. 

9901. When contracts shall be carried out. 

9902. Payment for purchase or lease. 

9903. Levy for payment of bonds. 

9904. Submission of question. 

99('5. The election. 

WATERWAY OR CANAL. 

2603-1. Counties may give aid to establish 
waterway. 

2503-2. Petition to Common Pleas court to or¬ 
der election. 

2503-3. Funds contributed; protection of 
funds. 

TOWNSHIPS. 

ORIGINAL SURVEYED TOWNSHIP. 

3181. Organization and incorporation. 

3182. Application; notice of election. 

3183. Conduct of election. 

OFFICERS OF NEW TOWNSHIPS. 

3259. Election in new township. 

3260. Trustees shall fix place of holding 

elections. 

SALE OF REAL ESTATE. 

% 

3281. Donations and bequests, sale. 

HEARSE. 

3285. Hearse and vaults 

3286. Election therefor. 

3287. Bonds in anticipation. 

OIL OR GAS WELL. 

3292. Tax for drilling. 

BOND ISSUE. 

3295. Bonds for specific purposes . 

ROAD IMPROVEMENT. 

3298-9. Submission of question of bond issue; 

resolution; notice. 

3298-10. Form of ballot. 

3298-11. Record and certification of result. 
3298-20. Tax levy to purchase property con¬ 
taining stone and gravel; submission 
of question. 

HALLS. 

3395. Towiiv hall, cost, election. 

3396. Form of ballot, levy, bonds." 

3397. Control and leasing of hall. 

3398. Proceedings when site cannot be pro¬ 

cured by contract. 


Section 

3399. Village and township may unite. 

3400. Proceedings to unite. 

3401. Submission of question to vote. 

3402. Two-thirds vote necessary. 

LIBRARIES. 

3403. Submission of question. 

3404. Form of ballot, tax and levy. 

PARKS. 

3415. Petition to establish. 

3417. Report as to site. 

3418. Notice of submission. 

3419. Form of ballot. 

3422-1. Proceedings to sell park property. 

3423. Levy to defray expenses. 

3424. Question of increase levy. 

3427-2. Empowered to make appropriation and 
tax levy; when tax levy shall be sub¬ 
mitted to electors. 

MEMORIAL BUILDING. 

3410-1. Township and memorial building, trus¬ 
tees. 

3410-2. Vacancies on board. 

3410-3. Election. 

CEMETERIES. 

3441. May acquire lands. 

3444. Levy and taxes. 

3445. Vote may be taken. 

3446. Notice; form of ballots. 

FOOT-BRIDGES. 

7562-1. Trustees empowered to construct as 
means of access to schools. 

7562-2. Submission of question as to tax levy. 
7562-3. Election. 

MUNICIPALITIES. 

SURRENDER OF ‘ CORPORATE POWER. 
3513. How vote taken. 

MUNICIPAL CHARTER ACT. 

3515-1. Petition for submission of question of 
organizing municipality under spe¬ 
cific plan. 

2 . Petition for submission of question of 
choosing commission to frame char¬ 
ter. 

, 3. Form of ballot in submitting question 
of organizing under plan; mailing 
copies of plan to electors; filing ar¬ 
guments for and against. 

4. Result of adoption. 

5. Submission of supplementary propo¬ 

sitions. 

3515-6. Board shall file certificate of result of 
election. 

ARTICLE II. ELECTION PROVISIONS. 

1 . Applicable to each plan of government. 

2. Nominations and elections. 

3. How ballot shall be prepared; print¬ 

ing in series. 

4. Who declared elected. 

ARTICLE VII. INITIATIVE, REFERENDUM AND 
RECALL. 

1. Initiative and referendum applicable to 
• each plan. 

2. Removal by recall; procedure. 

INCORPORATION. 

8526. Petition to trustees. 

3527. Procedure on petition. 

3528. Election; form of ballot. 

;529. When result is affirmative. 

3530. Transcript and record. 

35.36. Election of officers. 



170 


SPECIAL ELECTIONS. 


ANNEXATION. 

Section 

3566. Territory shall be contiguous. 

3567. Submission of question to vote. 

3568. Ordinance, what to prescribe. 

3569. Duty of council. 

3570. Terms and conditions. 

3571. Report of commissioners; contracts. 

INCORPORATION FOR POLICE PRO¬ 
TECTION. 

3545. What territory may; election; notice. 

3546. Conduct of election. 

DETACHMENT OF TERRITORY. 
3577-1. Petition to submit question of detach¬ 
ment of territory; when election shall 
be ordered; form of ballot; appor¬ 
tionment of funds and indebtedness. 

BONDS TO CONSTRUCT AND EQUIP 
ELECTRIC RAILWAYS AND TERM¬ 
INALS ON LEASED LAND AND 
OTHER PROPERTY. 

3697-1. Power to issue bonds to construct and 
equip electric railways and terminals 
on leased canal and other property. 
3697-2. Limitation. 

3697-3. Provisions shall not be made for issue 
of bonds until approved by electors 
at general or special election. 

SALE OR LEASE OF LAND TO RAIL¬ 
WAY COMPANY. 

8700. Procedure when for passenger station. 

3701. What ordinance shall contain. 

3702. Conduct of election. 

GRANT . OF FRANCHISES. 

3772. When submitted to vote. 

3773. Conduct of election. 

3774. Notice of election; ballot. 

ELEVATED RAILROADS. 

9148. Acceptance or rejection of grant. 

9149. Submission of question. 

BONDS FOR GAS WORKS. 

3933. Bonds for improving works. 

3934. Submission of question. 

3935. Conduct of the election. 

3936. Voting precincts, transfers. 

1937. Notices of election. 

39.38. Results; form of ballot. 

DEFICIENCY BONDS. 

3931. Limitation, vote of electors. 

BOND ISSUE. 

3942. Vote for additional bonds. 

3943. Action of council. 

3944. Duty of deputy state supervisors. 

3945. Election. 

3946. Notice. 

3947. Two-thirds vote required. 

PARK COMMISSION. 

4053. Board of commissioners. 

4054. Appointment, .term, vacancy. 

4064. Bond issue, vote for. 

4065. Duty of council after vote taken. 

RAPID TRANSIT COMMISSIONERS. 
4000-22. Issue of bonds; procedure; election. 
4000-27. Power to lease depots, terminals, etc.; 
submission of question. 

HEARSE OR VAULT. 

4180. Vote of electors on question. 

4181. Form of ballot. 

INITIATIVE AND REFERENDUM. 
4227-1. Initiative and referendum in munici¬ 
palities; initiative petition. 

4227-2. Measure so passed^ not subject to veto. 
Referendum petition. 


Section 

4227-3. To what ordinance or measure act ap¬ 
plies. 

4227-4. Petitions may be presented jn sepa¬ 
rate parts; signing, affidavit; ordi¬ 
nances not void because of insuf¬ 
ficiency of petition; how number of 
petitioners determined. 

4227-5. When ordinance or measure submitted 
at special election. 

4227-6. Copy of proposed ordinance or measure 
filed with auditor or clerk. 

4227-7. Words which shall be printed in red. 

4227-8. Designating committee as filing pe¬ 
tition; when ordinance or measure 
shall not be submitted. 

4227-9. Sworn itemized statement by circulator. 

4227-10. Practices prohibited in circulating I. 
and R. petitions. 

4227-11. Practices prohibited in signing I. and 
R. petitions. 

4227-12. Provisions do not apply to municipality 
adopting charter. 

SANITARY PLANT. 

4467. Term defined. 

4468. Plans and real estate. 

4469. Approval of state board of health. 

4470. Contract for removal of waste, ex¬ 

pense. 

4471. How funds raised. 

COUNCIL OF CITY OF CINCINNATI. 

14821-1. Council of the city of Cincinnati; 

powers and duties and salaries of 

members. 

14821-2'. Geographical districts. 

14821-3. Submission of question of change of 
council; form of ballot; notice of 
election not required. 

CRIMINAL COURT OF LORAIN. 

14740-13. Establishment of criminal court in 
the city of Lorain; jurisdiction. 

14740-20. Qualification, election and term of 
judge. 

MUNICIPAL COURT OF CINCINNATI. 

1558-1. The municipal court of Cincinnati. 

1558-2. Judges of court and qualifications. 

1558-50. Election of judges: term. 

1558-29. Clerk, election and salary. 

MUNICIPAL COURT OF COLUMBQS. 

1658-46. The municipal court of Columbus. 

1558-47. Judges and qualifications. 

1558-50. Election of judges; tedm. 

1558-78. Clerk, election and salary. 

MUNICIPAL COURT OF CLEVELAND. 

1579-2. Judges and qualifications. 

1579-3. Nomination and election of chief jus¬ 
tice. 

1579-5. Nomination, election, term. 

1579-^0. Laws governing court of common 
pleas applicable; election of clerk; 
compensation. 

MUNICIPAL COURT OF DAYTON. 

1579-46. The municipal court of Dayton. 

1579-47. Judges constituting court and quali¬ 
fications. 

1579-48. Election of additional judges; term. 

1579-49. Salary of judges; election and sal¬ 
ary of chief justice. 

1579-74. Clerk; election; term and salary. 

MUNICIPAL COURT OF HAMILTON. ' 

1579-90. The municipal court of the city of 
Hamilton, Ohio. 

1579-91. Municipal judge, qualifications, elec¬ 
tion, term, salary. 

1579-114. Clerk, election and salary. 

MUNICIPAL COURT OF YOUNGSTOWN. 

1579-131. Nomination and election. 




SPECIAL ELECTIONS. 


I 7 I 


GENERAL PROVISIONS. 

PUBLICITY PAMPHLETS RELATIVE TO INITIA¬ 
TIVE AND REFERENDUM. 

Section 5018 - 1 . The secretary of state, at least thirty Title and text 
days before any election at which any proposed amendment or 

to the constitution or proposed law is to be submitted to the amendment 
people, shall cause to be printed in pamphlet form a copy p'jfnted^in 
of the title and text of each measure to be submitted, with pamphiep 
the form in which the ballot title thereof will be printed on 
the official ballot. Such pamphlet shall also contain an ex¬ 
planation of any proposed measure, not exceeding a total 
of three hundred words for each, to be filed as hereinafter 
provided. (103 v. 831 .) 

Section 5018 - 2 . Five persons may be named in any pive ^ay be 
petition or supplementary petition to prepare the explana- [-Jn 
tion of the measure to be submitted; which explanation shall pare ex- 
be filed with the secretary of state not later than sixty days 
before the election at which the measure is to be voted 
upon. (103 V. 831 .) 

Section 5018 - 3 . When any valid and sufficient petition when presi- 
or supplementary petition shall have been filed with the sec- fnd* speaker^*^ 
retary of state demanding the submission of any measure name'^com^^^ 
to a vote of the people, and the general assembly is in ses- mittee to pre- 
sion, the speaker of the house shall name two of its mem- 
hers, and the president of the senate shall name one of its 
members, which shall constitute a committee to prepare the 
explanation of the measure on behalf of the general as¬ 
sembly. If the general assembly is not in session then the 
governor shall name a committee of three electors, which 
committee shall serve without compensation and which shall 
prepare and file such explanation with the secretary of state 
not later than sixty days before the election at which the 
measure is to be voted upon. (103 v. 831 .) 

Section 5018 - 4 . The posting and other cost of dis- cost of distri- 
tributing such pamphlets shall be paid by the state. The pamphlets; 
auditor of the state upon receipt of a voucher signed by the Lw paid.’ 
secretary of state shall draw his warrants on the state treas¬ 
urer for suqh amount as may be necessary to pay for such 
printing, postage and cost of distribution at each election, 
and the same shall be paid from the general fund of the 
state. fio 6 v. 832 .) 

Section 5018 - 5 . The secretary of state shall, at least Mailing copy 
twenty days before any such election, transmit one copy of °ach^ 3 e^Ain° 
such pamphlet to everv voter in the state by mail with post- state; mailing 
age fully prepaid. If the secretary of state shall, at or about 
the same time be mailing any other pamphlets to voters, he 
may, if practicable, bind the matter herein provided for 
and enclose any and all pamphlets under one cover. For 
the purpose of securing a mailing list of voters outside of 
cities having a registration of voters, the secretary of state 
shall prescribe the forms of books to be used by all local 


172 


When addi¬ 
tional copy 
may be in¬ 
corporated in 
pamphlet. 


Duties of 
mayors and 
clerks of 
municipal cor¬ 
porations, 
and cltrk of 
deputy state 
supervisors 
in counties. 


To what po¬ 
litical subdi¬ 
visions act 
applies. 


SPECIAL ELECTIONS. 

PUBLICITY PAMPHLETS RELATIVE TO INITIATIVE AND REFERENDUM. 

election officials in keeping a record of the postoffice ad¬ 
dress of all voters residing outside of such cities. The 
latest available registration lists shall be used in such cities. 
(103 V. 832 .) 

Section 5018 - 6 . When more copy is offered to the 
secretary of state than herein provided for, the secretary of 
shate shall cause such additional copy to be incorporated in 
the pamphlet provided for in section i of this act, if the par¬ 
ties submitting such additional copy deposit with it a sum 
of money sufficient to pay for the printing thereof. When 
any constitutional amendment or other measure has been 
published in pamphlet form in accordance with the provi¬ 
sions of this act, the same shall be in lieu of any other 
method of advertising provided by law. (103 v. 832 .) 

Section 5018-7. In all municipal corporations which 
have not or may not provide by ordinance or charter for the 
manner of exercising the initiative and referendum powers 
reserved by the constitution to the people thereof, as to their 
municipal legislation, the duties required of the secretary 
of state by this act, as to state legislation, shall be per¬ 
formed as to such municipal legislation by the clerk of the 
municipality; the duties required of the governor shall be 
performed by the mayor or executive body as- to such mu¬ 
nicipal legislation, and in all counties exercising the initia¬ 
tive powers now or hereafter provided by law the duties 
required of the secretary of state by this act as to state 
legislation shall be performed as to such county measures 
by the clerk of the board of deputy state supervisors of 
elections; the duties required of the governor shall be per¬ 
formed by the prosecuting attorney. (103 v. 832.") 

Section 5018 - 8 . The provisions of this act shall apply 
in every municipality in all matters concerning the operation 
of the initiative and referendum in its municipal legisla¬ 
tion, unless otherwise provided for by the legislative author¬ 
ity of the municipality and shall likewise apply in so far 
as possible in every county in all matters concerning the 
operation of the initiative and referendum ; provided, that 
the printing and distribution of the pamphlet of measures 
and the sample ballot of measures therewith shall not be 
dispensed with in any municipality or county. The print¬ 
ing and binding of measures in municipal legislation and 
county matters shall'be paid by the municipality or county 
in like manner as payment is provided for by the state as 
to state legislation, and said printing shall be done in the 
same manner that other municipal or county printing is 
done; distribution of such pamphlets shall be made to every 
voter in the municipality or county, so far as possible, by 
the clerk of such municipality or county commissioner, as 
the case may be, either by mail or carrier, not less than ten 
days before the election at which the measures are to be 
voted upon. (103 v. 833 .) 


SPECIAL ELECTIONS. 


173 


LIMITATION AS TO THE NUMBER OP' SALOONS. 

Section 5018 - 9 . ExpJanations upon municipal or 
county measures shall be filed with such clerk not less than 
sixty days before a general election and not less than forty 
days before a special election at which they are to be voted 
upon. Arrangements may be entered into between the secre¬ 
tary of state and the proper local officers for the publication 
in one pamphlet of copy relating to both state and local mat¬ 
ters, and where such arrangement is deemed advisable, 
agreement may be made to pro rate the cost of publication 
and distribution between the state and the municipality or 
county. (103 V. 833 .) 

LIMITATION AS TO NUMBER OF SALOONS. 

Section 1261 - 39 . Not more than one saloon shall be 
licensed in any township or municipality of less than five 
hundred population, nor more than one saloon for each five 
hundred population in other townships and municipalities. 

When in any municipal corporation the qualified elec¬ 
tors of such corporation, equal in number to thirty-five per 
cent of the total of votes cast therein at the last preceding 
general election for municipal officers, petition the legisla¬ 
tive body thereof for an election to determine whether the 
number of saloon licenses shall be further limited, stating 
in said petition the number to which said licenses shall be 
limited, said legislative body shall order a special election, 
to be held at the usual places for holding elections therein, 
not less than twenty nor more than thirty days from the 
filing of said petition. 

Thereupon notice shall be given of such election, and 
it shall be conducted as provided by law for the election 
of members of the council of such municipal corporation 
as far as such law is applicable. The result of the election 
shall forthwith be entered upon the record of the proceed¬ 
ings of the council of the municipal corporation by ths 
clerk thereof. 

The ballots at the said election shall be printed with 
an affirmative and a negative statement, to-wit: “The unm- 

ber of saloon licenses shall be further limited to.. 

(here state number) licenses,” “The number of saloon li¬ 
censes shall not be further limited,” with a blank space 
on the left side of each statement in which to give elector 
an opportunity to clearly designate his choice by a cross 
mark as follows: 

(.) The number of saloon licenses shall be fur¬ 
ther limited to. (here state number) licenses. 

(.) The number of saloon licenses shall not be 

further limited. 

If a majority of the votes cast at said election shall 
be in favor of a further limitation of the number, then, 
from and after the beginning of the next ensuing license 


When expla¬ 
nations upon 
municipal and 
county meas¬ 
ures shall be 
filed. 


Limitation as 
to number of 
saloons. 


Petition for 
submission of 
question of 
Lrther limi¬ 
tation. 


Notice of 
election. 


Form of 
ballot. 


Regulations as 
to petitions 
for limitation. 






74 


SPECIAL ELECTIONS. 


Contests; 

hearing. 


Number of 
licenses that 
shall be 
granted. 


Treasurers 
and sureties 
may be re¬ 
leased. 


LIMITATION AS TO THE NUMBER OF SALOONS. 

year, the number of saloon licenses in said municipal cor¬ 
poration shall be limited to the number so voted upon; 
provided, however, that said election shall not be held un¬ 
less said petition herein prescribed shall be filed with coun¬ 
cil before six months prior to the beginning of a license 
year; provided also that the limitation of number so voted 
upon shall remain the limitation of number for the next 
three license years only, at the end of which time the num¬ 
ber of licenses shall be determined in the same manner as 
if no election had been held, unless, prior to six months be¬ 
fore the expiration of said three license years, another peti¬ 
tion is filed, in all respects in accordance herewith, and 
after election thereupon as provided herein it is again de¬ 
cided to limit the number for another three year term. 

Any qualified elector of a municipal corporation 
wherein such election has been held may contest the validity 
thereof by filing a petition duly verified with the common 
pleas court of the county in which such municipal corpora¬ 
tion is situated, within ten days after the election, setting 
forth the grounds for contest. Such court shall require the 
person contesting the election to furnish sufficient security 
for costs before such petition is filed. 

Any judge of the common pleas court, upon the filing 
of such petition, shall forthwith cause a summons to be is¬ 
sued, addressed to the mayor of such municipal corpora¬ 
tion, notifying him of the filing of the petition and direct¬ 
ing him to appear in such court on behalf of the munic¬ 
ipal corporation at the time named in the summons, which 
shall not be more than twenty days after such election 
nor less than five days after the filing of the petition. The 
common pleas court shall have final jurisdiction to hear 
and determine the merits of the proceedings and shall be 
governed by the law provided for contesting the election 
of a justice of the peace so far as such law is applicable. 

The county board shall grant licenses to the full num¬ 
ber allowed by the constitution if applications are made 
therefor, unless limited as herein provided, in which case 
up to the full number determined upon as herein provided. 
And any license, though it be temporarily suspended by 
action of the county board, shall be counted in the num¬ 
ber allowed. (103 v. 224 .) 

RELEASE OF TREASURERS AND SURETIES. 

Section 2303 . When a loss of public fund‘d, en¬ 
trusted to a county, city, village, township, or school district 
treasurer, by virtue of his office, heretofore or hereafter 
results from fire, robbery, burglary, or inability of a bank to 
refund public money lawfully in its possession belonging to 
such public funds, the county commissioners, township 
trustees, a city or village council or a board of education, 
respectively, may release and discharge such treasurer and 
the sureties upon his official bond, from all liability to or 


SPECIAL ELECTIONS. 

RELEASE OF TREASURERS AND SURETIES. 


demands of such county, township, city, village or school 
district, for loss so created and arising. (99 v. 388 § 1 .) 

Section 2304 . Before such release and discharge 
shall be effected, the board of county commissioners, town¬ 
ship trustees, city or village council or board of education 
shall find that the treasurer was entrusted by law with the 
care of such public funds, and that the loss thereof was not 
occasioned by his fault or negligence, and an entry of such 
findings shall be made upon the record book of the proceed¬ 
ings of such council or board. (99 v. 388 § 1 .) 

Section 2305 . Within five days after such finding of 
release and discharge is made, a taxpayer of such County, 
township, municipality or school district, may appeal there¬ 
from to the common pleas court of the county. Until such 
appeal is finally determined, the finding and other proceed¬ 
ings shall not effect a release and discharge. Notice in wri¬ 
ting of intention to appeal shall be filed with the clerk or 
auditor of the board or council making the findings within 
five days. Within thirty days after such finding, a tran¬ 
script thereof and of the other proceedings shall be filed in 
the common pleas court and docketed as other cases. (99 
V. 388 § I.) 

Section 2306 . The common pleas court shall proceed 
to try and determine the question whether such public funds 
were lost by the fault or negligence of the treasurer. If it 
be found that the funds were so lost, the finding of the board 
or council ordering the discharge shall be vacated. If it 
be found that the funds were not so lost, the finding shall 
remain in full force and the court shall cause its judgment 
to be certified to the board or council making such finding 
(99 V. 388 § I.) 

Section 2307 . If the finding of such county commis¬ 
sioners, township trustees, city or village council or board 
of education, as the case may be, has been made and 
entered on the record book of its proceedings, such board 
or council may, at the next ensuing general election to be 
held in the county, township, city, village or school district, 
submit to the qualified electors thereof, the question whether 
such treasurer and the sureties upon his official bond shall 
be discharged from liability on account of such loss of 
funds. (99 V. 388 §1. 

Section 2308 . If twenty-five per cent of the quali¬ 
fied electors of such county, township, city, village or school 
district, petition the council or board thereof for the privi¬ 
lege of determining by ballot whether such treasurer and 
the sureties on his official bond shall be released and dis- 
('harged, such council or board shall submit the question 
to the qualified electors of the county, township, city, vil¬ 
lage or school district as herein provided. (99 v. ?88 § i.I 

Section 2309 . The deputy state supervisors of 
elections of the county, or within which such township, city, 
village or school district is located, shall cause notice of 
the submission of such proposition to the electors thereof. 


What finding 
necessary to 
release. 


Appeal from 
finding. 


Trial in com¬ 
mon pleas 
court. 


Questions may 
be submitted 
to vote. 


Electors may 
demard sub¬ 
mission to 
vote. 


Notice of elec¬ 
tion shall be 
given. 


176 


SPECIAL ELECTIONS. 


GREATER TAX RATE. 


Form of 
ballot. 


Proceedings 
on result of 
election. 


Proceedings 
when maxi¬ 
mum rate 
insufficient. 


Vote. 


For the release of a county or city treasurer the notice 
shall be by publication in two newspapers of opposite poli¬ 
tics in the county or city, for at least thirty days next prior 
to the date upon which the election is to be held. For the 
release of a village or township treasurer, twenty days’ no¬ 
tice of the election shall be given by posting notices thereof 
in five public places within such village or township. For 
the release of a school treasurer, ten days’ notice of such 
election shall be given by posting notice thereof in five pub¬ 
lic places in the school district. (98 v. 122 § 2 .) 

Section 2310. The ballots for such election shall have 
printed thereon “Discharge of treasurer and sureties—yes.” 
“Discharge of treasurer and sureties — no.” Such ballot 
shall have a place at the left of each proposition for the 
voter to mark according to law, the proposition he favors. 
(98 V. 122 § 3.) 

Section 2311. If a majority of the votes cast upon 
such proposition at the election are in favor of the dis¬ 
charge of such treasurer and his sureties, the county com¬ 
missioners, township trustees, city or village council or 
board of education, as the case may be, shall cause the re¬ 
sult of the election to be entered in the record book of its 
proceedings ordering such election, and thereupon shall 
release and discharge such treasurer and his sureties on 
his official bond from all liability on account of such loss. 
If a majority of the votes cast are against the discharge, 
the result of the election shall be made in the record book 
of proceedings of the council or board, and no further ac¬ 
tion therein shall be taken by such council or board. (98 
V. 122 § 4.) 

GREATER TAX RATE. 

Sec. 5649 - 5 . The county commissioners of any 
county, the council of any municipal corporation, the trus¬ 
tees of any township, or any board of education may, at any 
time, by a majority vote of all the members elected or ap¬ 
pointed thereto, declare by resolution that the amount of 
taxs that may be raised by the levy of taxes at the maximum 
rate authorized by sections 5649-2 and 5649-3 of the Gen¬ 
eral Code as herein enacted within its taxing district, will 
be insufficient and that it is expedient to levy taxes at a rate, 
in excess of such rate and cause a copy of such resolution 
to be certified to the deputy state supervisors of the proper 
county. Such resolution shall specify the amount of such 
proposed increase of rate above the maximum rate of taxa¬ 
tion and the number of years not exceeding five during 
which such increased rate may be continued to be levied. 
(102 V. 272 .) 

Sec. 5649 - 5 a. Such proposition shall be submitted to 
the electors of such taxing district at the November elec¬ 
tion that occurs more than twenty d^ys after the adoption 
of such- resolution. The deputy state supervisors shall pre¬ 
pare the ballots and make the necessary arrangements for 
the submission of such question to the electors of such tax- 


SPECIAL ELECTIONS — COUNTIES. 
GREATER TAX RATE. 


177 


ing district, and the election shall be conducted, canvassed 
and certified in like manner, except as otherwise provided 
by law, as regular elections in such taxing district for the 
election of officers thereof. Twenty days’ notice of the 
election shall be given in one or more newspapers printed 
in the taxing district once a week for four consecutive 
weeks prior thereto, stating the amount of the additional 
rate to be levied, the purpose for which it is to be levied, 
and the number of years during which such increased rate 
may be continued to be levied, and the time and place of 
holding the election. If no newspaper is printed therein, 
the notice shall be posted in a conspicuous place and pub¬ 
lished once a week for four consecutive weeks in a news¬ 
paper of general circulation in such taxing district. 

The form of the ballots cast at such election shall be: 

“For an additional levy of taxes for the purpose of 

.not exceeding.. mills, for not to 

exceed.years. Yes.” 

“For an additional levy of taxes for the purpose of 

.not exceeding.mills, for not to 

exceed.years. No.” (102 v. 272 .) 

Sec. 5649-5b. If a majority of the electors voting 
thereon at such election vote in favor thereof, it shall be 
lawful to levy taxes within such taxing district at a rate 
not to exceed such increased rate for and during the period 
provided for in such resolution, but in no case shall the 
combined maximum rate for all taxes levied in any year 
in any county, city, village, school district, or other taxing 
district, under the provisions of this and the two preceding 
sections and sections 5649 - 1 , 5649-2 and 5649-3 of the Gen¬ 
eral Code as herein enacted, exceed fifteen mills. (103 v. 
57 -) 

Sec. 1259 - 1 . Interest and sinking fund levies on ac¬ 
count of bonds issued under section 1259 of the General 
Code after June i, 1915 , in compliance with orders of the 
state board of health issued and approved prior to June i, 
1915 , shall be exempt from all the limitations on tax levies 
provided by sections 5649-2 and 5649 - 3 a of the General 
Code. Such levies shall also be exempt from the limitations 
provided by section 5649 - 5 b of the General Code, if the 
question of making such additional levy shall be submitted 
to the electors of the municipality issuing, or proceeding 
to issue, such bonds in the manner provided in sections 
5649-5 and 5649 - 5 a of the General Code, and the same is 
approved by a majority of the electors voting on such ques¬ 
tion ; and the proper legislative authorities of any such mu¬ 
nicipal corporation are hereby authorized to submit such 
question in the manner provided in said sections of the 
General Code. 

The number of years for which such levy shall be au¬ 
thorized shall not be required to be printed on the ballot, 
and the approval of the electors shall constitute sufficient 
authority for the making of such additional levy annually, 
12 E L. 


Notice. 


Ballot. 


Result. 


Interest and 
sinking fund 
levies exempt 
from limi¬ 
tations. 


Years for 
which levy 
authorized not 
required on 
ballot. 








t 78 


SPECIAL ELECTIONS-COUNTIES. 


County com¬ 
missioners 
empowered to 
establish ex¬ 
periment farm. 


Uses of 
county 
experiment 
farms. 


Submission of 
question of 
establishment 
of experiment 
farm; peti¬ 
tion. 


Publication 
of notice. 


Request for 
ballots, form 
of ballot and 
certification 
of result. 


during- the time for which the bonds are to run, or until the 
same are redeeemed, or the redemption thereof with interest 
is fully provided for. (io 6 v. 461 .) 

COUNTIES. 

EXPERIMENT EARMS. 

Sec. 1174. In order to demonstrate the practical ap¬ 
plication under local conditions of the results of the inves¬ 
tigations of the Ohio argicultural experiment station, and 
for the purpose of increasing the effectiveness of the agri¬ 
culture of the various counties of the state, the commis¬ 
sioners of any county in the state are hereby authorized and 
empowered to establish an experiment farm within such 
county as hereinafter provided for. (106 v. 123 .) 

Sec. 1175 . The county experiment farms established 
under this act shall be used for the comparison of varieties 
and methods of culture of field crops, fruits and garden 
vegetables; for the exemplification of methods for con¬ 
trolling insect pests, weeds and plant diseases; for experi¬ 
ments in the feeding of domestic animals and in the control 
of animal diseases; for illustrations of the culture of forest 
trees and the management of farm woodlots; and for the 
demonstration of the effects of drainage, crop rotation, 
manures and fertilizers, or for such part of the above lines 
of work as it may be practicable to carry on. (106 v. 124 .) 

Sec. 1176 . Upon the filing of a petition with the 
county auditor signed by not less than five per cent of the 
electors based upon the vote for governor at the last preced¬ 
ing election, residing within the county, the commissioners 
of such county shall submit to the qualified voters of such 
county a proposition to establish an experiment farm within 
such county, and to issue notes or bonds for the purchase 
and equipment of such farm, such proposition to be voted 
upon at the next general election following the receipt of 
the petition by the commissioners. Notice of the intention 
to submit such jiroposition shall be published by the county 
commissioners in two newspapers of opposite politics 
printed and of general circulation in said county, for at 
least four weeks prior to the election at which the proposi¬ 
tion is to be voted upon, together with a statement of the 
maximum amount of money which it is proposed to expend 
in the purchase and equipment of such farm. (106 v. 124 .) 

Sec. 1177 . The county auditor shall file a written 
request with the board of deputy supervisors of elections 
asking for the preparation of the necessary ballots, which 
ballots shall be separate and apart from all other ballots, and 
which ballots shall have printed thereon “Tax for experi¬ 
ment farm —YES”: “Tax for experiment farm — NO.” 
The result of such election shall be ascertained by the board 
of deputy supervisors of elections and the result thereof 
certified to the county auditor. (106 v. 124 . 


SPECIAL ELECTIONS — COUNTIES. 


179 


Sec. 1177 - 1 . ]f a majority of the electors voting on 
such proposition in the county are in favor of establishing 
such exj)eriment farm, then the commissioners of the county 
shall levy a tax on all the taxable property in such county 
as listed for taxation on the county duplicate, which levy 
shall not exceed one-hfth of one mill on the dollar of the 
taxable property of the county in any one year, nor shall 
the aggregate of all levies for such purposes exced two 
mills on the dollar. (106 v. 124 .) 

AGRICULTURAL AGENT. 

Sec. 9921 - 5 . If the county commissioners of any 
county shall not make provision for an agricultural agent as 
authorized in this act, they may be directed and required to 
make such provision by the qualified electors of the county 
on a referendum vote. The question of employing such 
agent shall be submitted, upon the filing of a petition with 
the county auditor, signed by not less than five per cent of 
the qualified electors resident in such county. Upon the 
receipt of such petition it shall be the duty of the board of 
county commissioners to submit the question at the first 
general election held after the meeting of the board at 
which the petitions were presented, or at a special election 
called for that purpose. The question shall be submitted 
on a separate ballot printed in the following form : ‘‘County 
agricultural agent, YES;” County agricultural agent, NO.” 
Ballots shall be deposited in a separate ballot box. They 
shall be prepared and distributed by the same officers as are 
required by law to prepare and distribute ballots for county 
elections, and the canvass and return of the vote shall be 
the same as is provided by law for the canvass and return 
of the vote upon county officers. If it shall appear that a 
majority of the electors voting upon the question are in 
favor of the employment of a county agricultural agent, 
then the county commissioners shall proceed at once t^ 
make appropriations for the employment of such agent 
under the provisions of this act. 

After having established this county agent work in any 
county, the county commissioners of such county shall con¬ 
tinue to make such annual appropriations for said work as 
the trustees of the Ohio state university may direct, not ex¬ 
ceeding fifteen hundred dollars annually, for a period of 
five years. (106 v. 358 .) 

COMBINING PROBATE AND COMMON PLEAS 
COURTS. 

Section 1604 - 1 . Whenever ten percentum of the num¬ 
ber of electors voting for governor at the next preceding 
election in any county having less than sixty thousand popu¬ 
lation, as determined by the next preceding federal census, 
shall petition a judge of the court of common pleas of any 


Tax levy; 
maximum 
levy. 


Electors may 
require com¬ 
missioners to 
make pro¬ 
vision for 
agent by ref¬ 
erendum; sub¬ 
mission of 

? uestion; 
orm of 
ballot. 


Petition for 
submission of 
question of 
combining 
probate and 
common pleas 
courts, 


i8o 


SPECIAL ELECTIONS — COUNTIES. 


How petition 
shall be 
signed; 
verification. 


Objections. 


Conduct of 
election; 
form of 
ballot. 


such county not less than ninety days before any general 
election for county officers, for the submission to the elec¬ 
tors of such county the question of combining the probate 
court with the court of common pleas of such county, such 
judge shall place upon the journal of said court an order 
requiring the sheriff to make proclamation that at the next 
ensuing general election there shall be submitted to the 
electors of such county the question of combining the pro¬ 
bate court with the court of common pleas of such county. 
The clerk of courts shall, thereupon, make and deliver a 
certified copy of such order to the sheriff, and the sheriff 
shall include notice of theVsubmission of such question in 
his proclamation erf election for the next ensuing general 
election. (103 v. 960 .) 

Section 1604 - 2 . Each elector joining in a petition for 
the submission of said question shall sign the same in his 
own handwriting (unless he cannot write and his signature 
is made by mark) and shall add thereto the township, pre¬ 
cinct or ward of which he is a resident. Such petition need 
not consist of but one paper, but may consist of as many 
parts as may be found convenient. One of the signers to 
each separate paper shall swear before some officer qualified 
to administer the oath that the petition is bona fide to the 
best of his knowledge and belief, and such oath shall be a 
part of or attached to such paper. The judge upon receipt 
of such petition shall deposit the same with the clerk of 
courts. 

No signature shall be taken from or added to such 
petition after the same has been filed with the judge. When 
so deposited such petition shall be preserved and be open 
under proper regulations to public inspection, and if it is 
in conformity with law, it shall be deemed to be valid, un¬ 
less objection thereto is duly made in writing by an elector 
of the county within five days after the filing thereof. Such 
objections, or any other questions arising in the course of 
the submission of the question of combining said courts, 
shall be considered and determined by the judge of the 
court of common pleas, and his decision shall be final. (103 
V. 961 .) 

Section 1604 - 3 . The election upon the question of 
combining said courts shall be conducted in all respects as 
provided by law for the election of county officers, so far as 
said law may be applicable. 

The board of deputy state supervisors of elections shall 
provide separate ballots, ballot boxes, tally sheets, blanks, 
stationery, and all such other supplies as may be necessary 
in the conduct of such election. 

Such ballots shall be printed with the affirmative and 
negative statement thereon, to-wit: 


SPECIAL ELECTIONS — COUNTIES. 


i8i 


I 1 he Probate Court and the Court of Common 
I Pleas shall be combined. 


I The Probate Court and the Court of Common 
I Pleas shall not be combined. 


Returns of said election shall be made and said returns 
shall be canvassed at the same time and in the same man¬ 
ner as an election for county officers, and the board of said 
deputy state supervisors of elections shall certify the result 
of said election to the secretary of state, to the probate 
judge of said county and to the judge of the court of com¬ 
mon pleas, and the same shall be spread upon the journal 
of the probate court and of the court of common pleas. 

If a majority of the votes cast at such an election shall 
be in favor of combining said courts, such courts shall 
stand combined and consolidated at the expiration of the 
term for which the probate judge has been elected in the 
county wherein such election has been held. (103 v. 961 .) 

Section 1604 - 4 . When the probate court and the court 
of common pleas have been combined there shall be estab¬ 
lished in the court of common pleas a probate division and 
all matters whereof the probate court has jurisdiction by 
law shall be filed in and separately docketed in said pro¬ 
bate division, and the resident judge of the court of com¬ 
mon pleas, shall appoint the necessary deputies, clerks and 
assistants to have charge and perform the work incident to 
the probate division. The salaries of such deputies, clerks 
and assistants to be regulated by section 2980-1 of the Gen¬ 
eral Code. Error may be prosecuted or appeals taken from 
said probate division to the court of appeals in all cases 
where the same lie to the court of common pleas in counties 
where such courts have not been combined. (103V. 962.) 

Section 1604 - 3 . At any time after three years from 
the date of an election held under the provisions of this act, 
but not before, another election may be petitioned for and 
shall be ordered by the judge of the court of common pleas 
as provided for in this act, either to perfect a combination 
of said court, or to dissolve said combination and to re¬ 
establish the probate court. (103 v. 962 .) 


Returns and 
canvass. 


Establishment 
of probate 
division. 


Error and 
appeals. 


Petition for 
re-establish¬ 
ment. 


Section 6. Whenever in any county where such courts Re-estabiish- 
have been combined a decennial federal census shows that 
such county has a population of 60,000 or more, and such population, 
fact is certified by the secretary of state to said court of 
common pleas and entered upon its journal, the probate 
court shall be re-established in such county, and a probate 
judge shall be elected for the regular term at the next en¬ 
suing election in an even numbered year, and the records 







lS2 


Building 

commission. 


Powers of 
county com¬ 
missioners 
limited. 


Submission 
of question 
to vote after 
passage of 
resolution. 


How election 
conducted; 
notice by 
publication. 


SPECIAL ELECTIONS — COUNTIES. 

BUILDING BONDS. 

of the probate division of the court of common pleas shall 
be delivered to such re-established probate court upon the 
entry into office of an elected probate judge. (103 v. 962 .) 

BUILDING BONDS. 

Section 2333. When county commissioners have de¬ 
termined to erect a court house or other county building at 
a cost to exceed twenty-five thousand dollars, they shall 
submit the question of issuing bonds of the county therefor 
to vote of the electors thereof. If determined in the affirm¬ 
ative, within thirty days thereafter, the county commission¬ 
ers shall apply to the judge of a court of common pleas of 
the county who shall appoint four suitable and competent 
freehold electors of the county, who shall in connection with 
the county commissioners constitute a building commission 
and serve until its completion. Not more than two of such 
appointees shall be of the same political party. (98 v.53 

§1.) * * He He * * 

Section 5638 . The county commissioners shall not 
levy a tax, appropriate money or issue bonds for the pur¬ 
pose of building county buildings, purchasing sites there¬ 
for, or for land for infirmary purposes, the expenses of 
which will exceed $ 15 , 000 . 00 , except in case of casualty, 
and as hereinafter provided; or for building a county 
bridge, the expense of which will exceed $ 18 , 000 . 00 , except 
in case of casualty, and as hereinafter provided; or en¬ 
large, repair, improve, or rebuild a public county building, 
the entire cost of which expenditure will exceed $ 10 , 000 . 00 ; 
without first submitting to the voters of the county, the 
question as to the policy of making such expenditure. (102 
V- 447-) 

Section 5639 . When the board of county commissioners 
desires to submit such question to the voters of the county, 
it shall pass and enter upon its minutes a resolution declar¬ 
ing the necessity of such expenditure, fixing the amount of 
bon^N to be issued, if any, in connection therewith, and fix¬ 
ing the date upon which the question of making any such 
exoenditure shall be so submitted, and shall cause a copy 
of such resolution to be certified to the deputy state super¬ 
visors of elections of the county; and thereupon the deputy 
state supervisors shall prepare the ballot and make other 
necessary arrangements for the submission of the question 
to the voters of the county at the time fixed in such resolu¬ 
tion. 

The election shall be held at the regular places for vot¬ 
ing in such county and shall be conducted, canvassed, and 
certified in the same manner, except as otherwise provided 
by law, as for the election of county officers. The county 
commissioners shall give fifteen days’ notice of the submis¬ 
sion of any such question by publication in at least two 
newspapers of opposite politics having a general circulation 


SPECIAL ELECTIONS — COUNTIES. 
BUILDING BONDS. 


183 


in said county, which notice shall be published once a week 
for two consecutive weeks, and shall state the amount of 
such proposed expenditure, the amount of the bonds, if any, 
to be issued in connection therewith, the purpose for which 
such expenditure is to be made, and the time of holding 
such election. (106 v. 16.) 

Section 5640-1. The ballots provided by the deputy 
state supervisors shall have printed upon the same the 

words, “in favor of the expenditure of $.for the 

purpose of .' and “Against the expenditure 

of $. for the purpose of. 

said blanks to be filled with the amount proposed to be 
expended and the purpose for which said money is to be 
expended. If the board of county commissioners desire to 
submit upon the same ballot more than one question as 
to the expenditure of money for any of the purposes re¬ 
ferred to in section 5638, the same may be done by proper 
resolution and notice, and by separately stating upon said 
ballot each proposition, as above provided. (102 v. 448.) 

Section 5641-1. When the result of such election has 
been ascertained, the deputy state supervisors shall certify 
the same to the auditor of said county and he shall enter 
the same upon the records of the board of county commis¬ 
sioners. • (102 V. 448.) 

Section 5642-1. If a majority of the votes so cast are 
against the proposed expenditure the board of county com¬ 
missioners shall not assess a tax or issue bonds therefor. 
If a majority of the votes cast are in favor of the proposed 
expenditure, the board of county commissioners shall pro¬ 
ceed to issue bonds in any sum not exceeding the amount 
stated upon said ballots, the proceeds of which shall be 
used exclusively for the purpose stated upon said ballot, 
and said board shall levy such amount of tax as may be 
necessary to pay the interest accruing on said bonds and 
to redeem them at maturity. (102 v. 448.) 

Section 5643. If an important bridge, belonging to or 
maintained by any county, becomes dangerous to public 
travel, by decay or otherwise and is condemned for public 
travel by the commissioners of such county, and the repairs 
thereof, or the building of a new bridge in place thereof, 
is deemed, by them, necessary for the public accommoda¬ 
tion, the commissioners, without first submitting the ques¬ 
tion to the voters of the county, may levy a tax for either 
of such purposes in an amount not to exceed in any one 
year two-tenths of one mill for every dollar of taxable 
property upon the tax duplicate of said county. (R. S. 
Sec. 2825.) 

Section 5644. If the county commissioners deem it 
necessary or advisable, they may anticipate the collection 
of such special tax by borrowing a sum not exceeding the 
amount so levied, at a rate of interest not exceeding six per 
cent, per annum, payable semi-annually, and may issue 


Ballot. 


More than 
one question 
may be 
submitted. 


Certificate of 
result. 


Bonds to be 
issued and 
tax levied. 


Condemned 
bridges, tax 
levy for re¬ 
pair of. 


May antici¬ 
pate levy 
and issue 
bonds. 






184 


SPECIAL ELECTIONS — COUNTIES. 


notes or bonds therefor, payable when said tax is collected, 
or the commissioners, without such submission of the ques¬ 
tion, may proceed under the authority conferred by law to 
borrow such sums of money as is necessary for either of 
the purposes before mentioned, and issue bonds therefor. 
For the payment of the principal and interest on such 
bonds, they shall annually levy a tax as provided by law. 
(R. S. Sec. 2825.) ' 


Duties of 
judges of 
elections. 


Poll books in 
precincts be¬ 
fore belong¬ 
ing to old 
county. 


Poll books in 
precincts of 
two or more 
old counties. 


Vote, chal¬ 
lenge, and 
oath of 
electors. 


NEW COUNTIES. 

Section 2377. The judges of state and county elec¬ 
tions in such new counties, shall be governed in all their 
duties by the general laws governing elections, so far as they 
are consistent herewith. (R. S. Sec. 821.) 

Section 2378. The judges and clerks of elections in 
the several townships or election precincts, composed in 
whole of territory that originally belonged to any one of 
the counties out of which such new county is created, shall 
cause to be kept two separate poll books and tally sheets for 
senator and representative, in the same manner that the 
general poll book and tally sheets are required by law to be 
kept, one of which shall be deposited with the township 
clerk, and the other shall be certified, sealed up, and di¬ 
rected, in the same manner as required by law for the 
return of the general poll book, and conveyed within three 
days next after the election, by one of the judges thereof, 
to the deputy state supervisors of elections of the county to 
which the territory before and at the time of the creation 
of such new county belonged. (R. S. Sec. 822. 

Section 2379. The judges and clerks of elections of 
such townships or election precincts as are composed of 
territory that orignally belonged to two or more of the 
counties out of which such new county is created, shall 
cause to be kept two spearate poll books and tally sheets 
for senator and representative, for each portion of terri¬ 
tory that originally belonged to different counties, in the 
same manner that the general poll books and tally sheets 
are required by law to be kept, one of which shall be 
deposited with the clerk of the township, and the other 
shall be certified, sealed up, and directed, in the same 
manner as required by law for the return of the general 
poll book, and conveyed within three days after the election 
by one or more of the judges thereof, to the deputy state 
supervisors of elections of the county to which the terri¬ 
tory before and at the time of the creation of such new 
county belonged. (R. S. Sec. 823.) 

Section 2380. The electors residing in any such 
township or election precinct may vote for senator and 
representative at the usual place of holding elections in such 
township or election precinct. Before they receive a ballot 
for senator and representative, the judges of elections of 


SPECIAL ELECTIONS — COUNTIES. 
soldiers’ monument. 


I8s 


any such township or election precinct shall put the nec¬ 
essary question to the elector proposing to vote, so as to 
fix his residence. If the elector is challenged for non¬ 
residence in any particular portion of the township or 
election precinct, the judges shall swear the elector to the 
facts, in the same manner as for any cause of challensfe. 
(R. S. Sec. 824.) ^ 

Section 2381. The deputy state supervisors of elec¬ 
tions shall receive the returns of the election for senator 
and representative, and be governed thereby in the same 
manner as if the law creating such new county had not 
been passed. In making out the returns of such election, 
they shall receive and count the vote so returned, and cer¬ 
tify accordingly, and in all respects be governed by the 
general laws in regard thereto, so far as they may be 
consistent herewith, and as if the votes were polled in 
their respective counties. The deputy state supervisors of 
elections shall give a certificate to the returning officer 
for his fes, the same as for like services, to the auditor 
of their respective counties, and the auditor shall issue a 
warrant on the treasurer of the county therefor. (R. S. 
Sec. 826.) 

Section 2382. All votes for senator and represen¬ 
tatives in any such new county, shall during such decennial 
period, be on a separate ballot. (R. S. Sec. 827.) 

Section 2383. An officer who neglects or refuses to 
perform a duty charged under provisions of this chapter 
relating to funds and representation shall forfeit and pay a 
sum not exceeding one hundred and fifty dollars, at the 
discretion of the court. (R. S. Sec. 828.) 

Section 2384. All forfeitures imposed by the pre¬ 
ceding section shall be recovered, with costs of suit, in a 
civil action in the name of the state for the use of the 
county. (R. S. Sec. 829.) 

SOLDIERS’ MONUMENT. 

Section 2451. The commissioners of a county may 
receive bequests, donations and gifts for the purpose of 
erecting within such county a monument in memory of 
those who died or were killed during the war of eighteen 
hundred and sixty-one. (R. S. Sec. 891.) 

Section 2452. When, in the opinion of the commis¬ 
sioners, the bequests, donations, or gifts received by them 
are sufficient therefor, they may erect such monument. (R. 
S. Sec. 892.) 

Section 2453. If a sufficient amount for such pur- 
]:>ose is not raised by donations, bequests or gifts, the com¬ 
missioners may submit to the qualified voters of the county 
at a general election the question whether a tax not to ex¬ 
ceed one-half mill on the dollar shall be levied upon the 
taxable property of the county for such purpose. Public 


Returns; how 
made, 

counted, and 
certified. 


Vote on sep¬ 
arate ballot. 


Penalty for 
delinquency 
of duty. 


How fines 
recovered. 


May receive 
bequests for 
monument. 


Erection of 
monument. 


When tax 
may be 
levied. 


i86 


SPECIAL ELECTIONS — COUNTIES. 


“County 

centennial 

celebration” 

appropriation. 


Resolution 
declaring nec¬ 
essity of ex¬ 
penditure 
before is¬ 
suance of 
bonds. 


Procedure in 
submission of 
question of 
bond issue. 


Board of 
trustees. 


CENTENNIALS — MEMORIAL BUILDINGS. 

notice by advertisement in one or more newspapers of 
general circulation in the county shall be given at least thirty 
days previous to such election, specifying the amount to be 
raised by such levy. If it appears that a majority of all the 
votes cast were in favor thereof, the commissioners shall 
proceed without delay to make such levy and erect a monu¬ 
ment. (R. S. Sec. 893.) 

CENTENNIALS. 

Section 2927. The county commissioners may ap¬ 
propriate from the county fund any sum not to exceed 
twenty-five hundred dollars towards defraying the ex¬ 
pense of a county centennial celebration, but the appro¬ 
priation of any sum exceeding twenty-five hundred dollars 
and not to exceed fifteen thousand five hundred dollars shall 
be upon ratification thereof by a majority of votes cast at 
the November election. At such election the question of 
such ratification shall be submitted to the proper board 
or authority in the usual method or form of submitting 
questions for submission to the voters of a county. The 


ballot therefor shall contain the following: 

“Eor the county centennial celebration of.Yes.” 

‘'Eor the county centennial celebration of.No.” 


At such election each township may select by ballot, 
in a separate box provided therefor, two managers who 
shall be those receiving the largest number of votes therefor, 
( loi V. 288.) 

BOARD OF PARK COMMISSIONERS. 

Sec. 2976-5. When the board of park commissioners 
desires to raise money by the issuance of bonds, it shall pass 
and enter upon its minutes a resolution declaring the neces¬ 
sity of such expenditure and that the same would be con¬ 
ducive to the public health, convenience and welfare and 
fixing the amount of bonds it desires to be issued, and shall 
cause a copy of such resolution to be certified to the board 
of county commissioners of the county; and thereupon the 
board of county commissioners shall, by ballot, decide 
whether or not such bond issue shall be submitted to the 
people. If a majority of the board of county commissioners 
are in favor of submitting the proposed bond issue for park 
purposes to the voters of the county, the county commis¬ 
sioners shall take the necessary steus for the submission of 
said proposed bond issue, as provided in sections 5639-1, 
5640-1, 5641-1, 5642-1 of the General Code; provided, how¬ 
ever, that no issue of bonds for park purposes shall be made 
without first submitting the question of such issue to the 
voters of the county. 

MEMORIAL BUILDINGS. 

Section 3059. When the commissioners of a county 
by resolution passed by a majority vote certify to the gov- 




St^EClAL ELECTIONS — COUNTIES. 


187 


ernor that in their opinion it is desirable to erect, furnish 
and maintain a memorial building to commemorate the 
services of the soldiers, sailors, marines and pioneers of the 
county and to expend for such purposes an amount to be 
named by them not to exceed two hundred and fifty thou¬ 
sand dollars in any one instance, the governor shall appoint 
a board of trustees composed of five citizens of such 
county, not more than three of whom shall belong to the 
same political party, to be known as the ‘'Memorial As¬ 
sociation of-county, Ohio.’’ Any member of 

the board of trustees may be removed by the governor for 
misconduct in office or neglect of duty. (95 v. 41 §§ i, 9.) 

Section 3060. Such trustees shall receive no com¬ 
pensation but shall be entitled to be repaid their necessary 
exepnses from the fund hereinafter provided. Vacancies 
in the office of trustees shall be filled in the same manner 
as the original appointment. The trustees shall elect from 
their number a chairman and secretary, shall hold regular 
meetings at such times and places as they agree upon and 
special meetings under such regulations as they prescribe, 
and cause to be kept a full record of their proceedings. 
(95 V. 42 § 2.) 

Section 3061. Immediately upon the appointment and 
organization of such board of trustees, they shall certify to 
the deputy state supervisors of elections of the county, the 
fact of their appointment and organization, and direct the 
submission to popular vote at the next regular county 
election of the question of the issue of bonds in the amount 
so named in the original resolution, and of the erection and 
maintenance of the memorial building contemplated. Such 
deputy state supervisors shall submit the question to popular 
vote at the next regular county election with such forms 
of ballot as the deputy state supervisors prescribe, and 
shall certify the result of the election to the board of trus¬ 
tees. If a majority of the votes cast upon the question is 
in favor of the issuance of such bonds and the construction 
and maintenance of such memorial building, the board of 
trustees shall proceed as hereinafter authorized. (95 v. 

75 § 3-) . . , ... 

Sec. 14848. The commissioners of any county in this 

state be and they are hereby authorized to submit to a vote 
of the people of said county, at any general election for 
state and county officers, the question whether or not a tax 
of not more than one-half mill upon each dollar shall be 
levied upon all porperty upon the tax duplicate of said 
county to raise a fund wherewith to erect a monument or 
other suitable memorial structure to perpetuate the memory 
of soldiers from said county who served in the union army 
during the late rebellion. Providing, however, that m order 
to improve or maintain county property the commissioners 
of any county may appropriate from the general fund of 
the county, and without submitting the same to a vote of 
the people, any amount, or amounts not to exceed fifteen 


Organization, 

vacancies. 


Question to 
be submitted 
to vote. 


County com¬ 
missioners 
authorized to 
submit ques¬ 
tion of tax 
levy for 
soldiers’ 
monument. 


Appropriation 
without sub¬ 
mission to 
vote. 



SPECIAL ELECTIONS — COUNTIES. 


l88 


Establishment 
of children’s 
home sub¬ 
mitted to 
vote. 


Duty of 
commissioners 
if vote is 
favorable. 


County 

hospital; 

special 

election. 


Petition, con¬ 
tents and 
publication. 


HOSPITALS. 

hundred dollars, for the purpose of erecting or assisting 
in the erection upon county property of such memorial for 
the soldiers and sailors or for the repairing of any such 
memorial already erected. (io6 v. 190.) 

CHILDREN’S HOME. 

Section 3077. When in their opinion the interests of 
the public so demand, the commissioners of a county may, 
or upon the written petition of two hundred or more tax¬ 
payers, shall, at the next regular election submit to the 
qualified ejectors of such county, or of the counties forming 
a district, the question of establishing a children’s home 
for such county or district, and the issue of county bonds 
or notes to provide funds therefor. Notice of such elec¬ 
tion shall be published for at least two weeks prior to taking 
such vote, in two or more newspapers printed and of gen¬ 
eral circulation in such county or in the counties of the dis¬ 
trict, and shall state the maximum amount of money to be 
expended in establishing such home. (R. S. Sec. 929.) 

Section 3078. If at such election a majority of elec¬ 
tors voting on the proposition are in favor of establishing 
such home, the commissioners of the county, or of any ad¬ 
joining counties in such district, having so voted in favor 
thereof, shall provide for the purchase of a suitable site 
and the erection of the necessary buildings and provide 
means by taxation for such purchase and the support 
thereof. Such institution shall be styled the children’s 
home for such county or district. (R. S. Sec. 929.) 

HOSPITALS. 

Section 3127. When two hundred or more taxpayers 
of a county petition the county commissioners for the privi¬ 
lege of having submitted to a vote of the electors of such 
county the issue of county bonds or notes to provide funds 
for the purchase of a site and the erection thereon of a 
county hospital or hospital buildings and the support 
thereof, such commissioners shall order a special election to 
be held not less than forty nor more than sixty days from 
the filing of such petition with such board of county com¬ 
missioners. Such election shall be to determine the question 
of issuing bonds or notes for the county hospital, to pur¬ 
chase the site therefor, erect the buildings thereon and to 
maintain them. The election shall be held at the usual 
places in the county for electing county officers and notice 
shall be given and the election conducted in the same man¬ 
ner as nearly as practicable as the election of county officers. 
(99 V. 486 § I.) 

Section 3128. Petitions filed with the commissioners 
shall stipulate the maximum amount of money to be ex¬ 
pended in purchasing or building such hospital and it shall 
be published with notices of the election in at least two 


SPECIAL ELECTIONS — COUNTIES. 
BONDS FOR AGRICULTURAL SOCIETIES, 


189 


newspapers of general circulation in the county, at least one 
time, twenty or more days prior to the eletcion. (go v. 
486 § 2.) 

Section 3129. The ballots to be used at such election 
shall be provided with the following affirmative and nega¬ 
tive statement: 

“For bond issue for purchase of site and erection of 
county hospital.” 

“Against bond issue for purchase of site and erection 
of county hospital.” (99 v. 487 § 3 .) 

PURCHASE OF TOLL ROADS. 

Section 9263. The county commissioners of any 
county in the state, when petitioned to do so by at least 
fifty freeholders, citizens of the counties, shall purchase any 
or all of the toll roads or parts thereof within such counties, 
as hereiiiafter provided. Before such purchase is made the 
commissioners of the county in which the people vote in 
favor of purchasing the toll roads, shall make an order to 
that effect on their journals and submit the purchase to the 
voters of the county either before or after an appraisement 
of the value of the roads has been had, at any regular elec¬ 
tion, giving at least ten days’ notice thereof, in at least two 
newspapers published in the county. At such election the 
voters who favor the purchase shall mark on their ballots, 
“Purchase of toll roads. Yes”; and those opposed thereto, 
“Purchase of toll roads. No”. If, at such an election, a 
majority of those voting are in favor of such purchase, the 
commissioners may make it, but not otherwise.- The vote 
shall be returned by the judges of election to the deputy 
state supervisors of elections, who shall open, count and 
declare it as in an election for county officers, and certify it 
to the county commissioners. (R. S. Sec. 3498a.) 

BONDS FOR AGRICULTURAL SOCIETIES. 

Section 9888. In counties wherein there is a county 
agricultural society which has purchased a site whereon to 
hold fairs, or if the title to such ground is vested in fee 
in the county, and such society is indebted fifteen thousand 
dollars or more, upon the presentation of a petition signed 
by not less than five hundred resident electors of the county 
praying for the submission to the electors of the county of 
the question whether or not county bonds shall be issued 
and sold to liquidate such indebtedness, such commission¬ 
ers, within ten days thereafter by resolution shall fix a date 
which shall be within thirty days, upon which the question 
of issuing and selling such bonds, in amount and denom¬ 
ination such as are necessary for the purpose in view, shall 
be submitted to the electors of the county. They also shall 
cause a copy of such resolution to be certified to the deputy 


Form of 
ballot. 


When county 
commissioners 
may pur¬ 
chase toll- 
road. 


Submission 
of question 
of issuing 
bonds. 


190 


SPECIAL ELECTIONS-COUNTIES. 


Conduct of 
the election. 


Bonds. 


Commission¬ 
ers may pur¬ 
chase 
grounds. 


Question of 
tax to be 
submitted. 


PURCHASE OF FAIR GROUNDS. 

state supervisors of elections of the county, who, within 
ten days thereafter shall proceed to prepare the ballots and 
make all other necessary arrangements for the submission 
of such question to such electors at the time fixed by the 
resolution. (93 v. 358 §1.) 

Section 9889. Such election shall be held at the regu¬ 
lar places of voting in the county and conducted, canvassed 
and certified except as otherwise provided by law, as are 
elections for the election of county officers. The deputy 
state supervisors of election must give fifteen days’ notice 
of the submission by publication in one or more newspapers 
published in the county once a week for two consecutive 
weeks, stating the amount of bonds to be issued, the pur¬ 
pose for which issued and the time and places of holding 
such election. Those who vote in favor of the proposition 
shall have written or printed on their ballots “for the issue 
of bonds” and those who vote against it, have written or 
printed on their ballots “against the issue of bonds.” Tf a 
majority of the voters voting upon the question of issuing 
the bonds vote in favor thereof, then and not otherwise they 
shall be issued, and the tax hereinafter mentioned be levied. 

(93 V. 358 § I.) 

Section 9890. If a majority of the voters of such 
county voting upon the question of issuing the bonds vote 
in favor thereof, the board of county commissioners, for 
the purpose of liquidating such indebtedness, shall issue 
and sell the bonds of the county according to law, in the 
amount necessary and bearing not more than six per cent 
interest, payable semi-annually. (93 v. 359 § 2.) 

PURCHASE OF FAIR GROUNDS. 

Section 9895. If the county society and the county 
commissioners decide that the interests of the society and 
county demand an appropriation from the county treasury 
for the purchase and improvement of county fair grounds 
greater than that authorized by the preceding section, or 
without action of or purchase by the society, the commis¬ 
sioners may levy a tax upon all the taxable property of 
the county, the amount of which they shall fix, but shall not 
exceed half a mill thereon, in addition to the amount 
autorized in the preceding section to be paid for such pur¬ 
pose (R. S. Sec. 3703.) 

Section 9896. No such tax shall be levied until the 
question as to the amount is submitted by the commis¬ 
sioners to the qualified electors of the county at some 
general election, a notice of which, specifying the amount 
to be levied, has been given at least thirty days previous 
to such election, in one or more newspapers published and 
of general circulation in the county. Those voting at the 


SPECIAL ELECTIONS-COUNTIES. 

PURCHASE OF FAIR GROUNDS. 


19 


election in favor of the tax shall have written or printed 
on their ballots “Agricultural tax, Yes”, and those voting 
against it, “Agricutlural tax, No”. If a majority of the 
votes cast be in favor of paying such tax, it mav be levied 
and collected as other taxes. (R. S. Sec. 3704.) 

Section 9897. When such tax is collected by the 
county treasurer, the auditor shall issue his order for the 
amount thereof to the treasurer of the county agricultural 
society, or his filing with the auditor a bond in double the 
amount collected with good and sufihcient sureties, to be 
approved by the auditor, conditioned for the faithful paying 
over and accounting to such society for such funds. (R. S. 
Sec. 3704.) 

Section 9898. When a society is dissolved or ceases 
to exist, in a county where payments have been made for 
real estate, or improvements thereon, or for the liquidation 
of indebtedness, for the use of such society, all such real 
estate and improvements shall vest in fee simple in the 
county by which the payments were made. (R. S. Sec. 

3705.) 

Section 9899. The county commissioners of a county 
may keep the buildings owned by the county agricultural 
society or county insured, if deemed proper by them, for 
the benefit of such society, or the county, as the case may 
be. (R. S. Sec. 3705a.) 

Section 9900. When a county society desires to sell 
its site in order to purchase another, or if for any reason 
such site is unfit or insufficient for the purposes for which 
it is used, and at a regular meeting, by a vote of at least 
a majority of all the members of its board of directors, 
upon a call of the yeas and nays, it adopts a resolution 
for the purpose of securing the benefits hereof and declar¬ 
ing a desire to sell such site in order to buy another, or that 
the site has become unfit or insufficient, and that it is for 
the best interests of the society and county, that such site 
be sold or leased, and a new one bought or leased, the 
society may sell or lease such old site and buy or lease a 
new one for holding county fairs as hereinafter provided. 
But in cases where the county paid all or any portion of 
the purchase money for the site to be sold or leased, the 
written consent of the county commissioners shall first be 
given to such sale or lease. Within thirty days after its 
passage, such board of directors shall give notice in wri¬ 
ting to the commissioners of such county of the adoption 
of such resolution declaring the necessity of selling or 
leasing such site and buying or leasing a new site, which 
notice shall contain or have annexed thereto a certified copy 
of the resolution, signed by the president and secretary of 
the board of directors. (R. S. Sec. 3706.) 


When tax 
paid to treas¬ 
urer of 
society. 


When real 
estate vests 
in county. 


Insurance on 
property. 


sell. 

lease or pin- 
chase sites. 


192 


SPECIAL ELECTIONS — COUNTIES. 


When com¬ 
missioners 
shall carry 
out contracts. 


Payment for 
purchase or 
lease of 
land. 


Levy, for pay¬ 
ment of 
bonds. 


Submission 
of question 
of issuing 
bonds. 


PURCHASE OF FAIR GROUNDS. 

Section 9901. When such society has given notice to 
the commissioners as above provided, and has selected or 
secured options for the purchase or lease of a new site for 
holding county fairs in such county, its board of directors 
shall immediately give notice of all such facts to the 
commissioners, which notice if, such old site is sold or 
leased before the purchase or lease of the new one, shall 
state the amount for which it was sold or leased, also the 
amount of money necessary to acquire such new site, and 
the terms and conditions of the purchase or lease thereof, 
together with a full description of the tracts or parcels of 
land and improvements thereon, included therein. After 
the filing of such notices, the commissioners may complete 
and carry into effect any contract or contracts which such 
society made for the purchase or lease of the new site. 
(R. S. Sec. 3706a.) 

Section 9902. Payment for the purchase or lease of 
the land included in such site, and the improvements 
thereon, may be made by the county commissioners from 
any unappropriated funds in the county treasury at the 
time it is to be made. If no such funds are then in the 
treasury, the commissioners may issue the bonds of the 
county for such amounts as are necessary for the purchase 
or lease of the land and the improvements thereon. But 
if such old site is sold or leased before the new site is 
purchased or leased, in making the payment such society 
first shall apply the moneys realized from the sale or lease 
to the purchase or lease of the new site. If the old site is 
sold or leased after the purchase or lease of the new site, 
the amounts realized from such sale or lease shall be placed 
to the credit of the sinking fund for the redemption of 
bonds issued as hereinafter provided. Such bonds shall 
bear not more than five per cent interest per annum, pay¬ 
able semi-annually, not be sold for less than their par 
value, and shall be payable at such place, times,, and in 
such denominations as the commissioners determine. (R. 
S. Sec. 3706b.) 

Section 9903. To provide for the payment of such 
bonds, and interest thereon, the county commissioners may 
levy such annual taxes.on all the taxable property of the 
county, as are necessary to create and provide a sinking 
fund for the redemption of the bonds at maturity and 
the interest accruing thereon. Such levy shall be col¬ 
lected and accounted for to the county treasurer in the 
manner provided for the collection of other taxes. (R. 
S. Sec. 3706b.) 

Section 9904. Before issuing such bonds, the com¬ 
missioners by resolution shall submit to the qualified elec¬ 
tors of the county at the next general election for county 
officers held not less than thirty days after receiving from 
such agricultural society the notice provided for in section 


SPECIAL ELECTIONS-COUNTIES. 

WATERWAY OR CANAL. 


193 


thirty-seven hundred and six, the question of issuing and 
selling such bonds, in amount and denomination as neces¬ 
sary for the purpose in view, and shall certify a copy of 
such resolution to the deputy state supervisors of elections 
of the county. (R. S. Sec. 3706b.) 

Section 9905. Such deputy state supervisors shall 
place the question of issuing and selling such bonds upon 
the ballot and make all other necessary arrangements for 
the submission of such question to the qualified electors of 
such county, at the time fixed by such resolution. The 
votes cast upon the question must be counted, canvassed 
and certified in the same manner, except as otherwise pro 
vided by law, as votes cast for county officers. Fifteen 
days’ notice of such submission shall be given by the deputy 
state supervisors, by publication once a week for two con¬ 
secutive weeks in two or more newspapers published in 
the county, stating the amount of bonds to be issued, the 
purpose for which they are issued, and the time and places 
of holding the election. Such question must be .stated on 
the ballot as follows: “For the issue of county fair bonds. 
Yes;” “For the issue of county fair bonds. No”, If the 
majority of the voters voting upon the question of issuing 
the bonds are in favor thereof, then, but not otherwise, 
they shall be issued, and the tax hereinbefore mentioned be 
levied. (R. S. Sec. 3706b.) 

WATERWAY OR CANAL. 

Section 2503-1. That whenever a canal or waterway 
of substantially definite route shall be authorized to be con¬ 
structed by or under the authority, management and con¬ 
trol of the government of the Lffiited States, or of the state 
of Ohio, either separately or jointly or in co-operation with 
any state or states to connect the great lakes or the ocean 
with the navigable waters of this state, or with the Ohio 
river, by a route situate within, or partly within and partly 
without the state, suitable for steamships, steamboats, 
barges or other vessels, it shall be lawful for any county 
situate on the route thereof or connected therewith by navi¬ 
gable waters, or railroad, or other highway of commerce 
in such manner that the construction of such canal or 
waterway will be for the general public benefit of the com¬ 
munity of such county, to give and by the appropriation of 
money or the issue of bonds as hereinafter set forth. 

Provided that such canal or waterway shall be and 
remain exclusively a public enterprise under public man¬ 
agement, control and operation, free from the private 
management, or interest, or possession-in any wise of any 
individual, company, corporation, association or institution, 
and 


The election. 


Counties may 
give aid to 
establish 
water-way. 


Provisos. 


18 E. h. 


194 


SPECIAL ELECTIONS-COUNTIES. 


100 or more 
persons may 
petition C. P. 
court to order 
election. 


Hearing. 


Exceptions. 


WATERWAY OR CANAL. 

Provided, further, that of any surplus of tolls, rates 
and charges accruing from the operation of such canal or 
waterway or the sale of water or water power or from 
other income remaining after payment of the cost of opera¬ 
tion, maintenance and improvement, such county shall 
receive such proportionate part as its contribution bears to 
the total sum contributed for the construction of said canal 
or waterway. (102 v. 462.) 

Section 2503-2. Tt shall be lawful for one hundred or 
more resident taxpayers and qualified voters of the proper 
county to petition the court of common pleas of such county 
setting forth that the construction of a canal or waterway 
of substantially definite route has been authorized by law, 
and describing in a general way such a route, and showing 
that the county of the petitioners is situate on the said route, 
or is connected therewith by navigable waters, or a railroad, 
or other highway of commerce as in such petition set forth, 
and that in the judgment of the petitioners the construc¬ 
tion of such canal or waterway will be for the general pub¬ 
lic benefit of the community of the county of the petition¬ 
ers, and that it is desirable that the credit of the county 
be loaned for the purpose of aiding the construction of such 
canal or waterway in such manner as may be provided by 
law, and so that the same shall remain a public enterprise, 
and free from the private management, or interest, or pos¬ 
session in any wise of any individual, company, corpora¬ 
tion, association, or institution, and that for the purpose 
aforesaid, it is desirable that the county of the petitioners 
shall issue interest bearing bonds to the amount stated in 
such petition, and praying the court to order an election to 
be held in the said county upon the question of the issue 
of said bonds to the amount and for the purpose stated. 
The said petition shall be verified by affidavit of at least 
five of the petitioners, and on presentation thereof, if the 
same shall appear to be in proper form, it shall be filed, 
and thereupon the court shall fix a time for the hearing of 
the same, not more than sixty days thereafter, and direct 
that notice of the same be given to the county commission¬ 
ers, and also the public generally by advertisement and 
publication in one or more newspapers published in said 
county in such issues thereof as the court may direct. Any 
person interested, including the county commissioners, may 
file exceptions to said petition prior to the day fixed for 
the hearing, and on such hearing, any person in interest 
may be heard, and the court shall decide upon the truth of 
any matter set forth in the petition in case the same shall 
be disputed, save as to the matters set forth upon the judg¬ 
ment of the petitioners as to the public benefit involved 
and the desirability of the issue of bonds as set forth, which 
matter shall be deemed to depend upon the result of the 
election prayed for, and if the court shall find that such 
petition and proceedings are regular and in conformity 


SPECIAL ELECTIONS-COUNTIES. 

WATERWAY OR CANAL. 


i95 


with this act, and that the construction of a canal or water- 
way of substantially definite route has been authorized by 
authority of law, and that the county is situated on such 
route, or is connected therewith by navigable waters, or 
railroad, or other highway of commerce, as set forth, it 
shall order an election to be held in the county after notice 
of such election has been given in the manner provided by 
law for elections of county officers. If the order shall be 
made more than thirty days and less than ninety days before 
the next regular election of municipal or state officers, such 
election shall be held at such regular election; but if not, 
then a special election shall be ordered to be held after 
notice, as aforesaid; and the deputy state supervisors of 
elections shall prepare separate ballots for such election, 
upon which shall be printed in brief form, a statement of 
the questions submitted followed by the words “for a bond 
issue” of “against a bond issue”, and shall provide sepa¬ 
rate boxes to receive the said ballots when voted. The said 
election shall be held at the regular polling places, and 
shall be conducted and the vote canvassed and certified in 
the same manner as provided by law for the election of 
county commissioners. The expense of the election shall 
be borne by the county. If the majority of the vote is in 
favor of a bond issue, then the county commissioners shall 
prepare and cause to be issued, in due conformity with the 
law, the bonds of the county to the amount set forth in the 
petition, and for the purposes therein set forth; but if a 
majority of the electors shall vote against a bond issue, the 
question of a bond issue for such purpose shall not again 
be submitted to a vote of the electors for a period of less 
than two years from the date of said election. . All the 
penalties of the election laws for the violation thereof are 
hereby extended and shall apply to the voters, inspectors, 
judges and clerks voting at or in attendance upon such 
election. 

The county commissioners upon the issuing of any 
bonds in pursuance to the terms of this act, shall deliver 
them to the proper state or federal authority constructing 
said canal or waterway, to be realized upon, at not less 
than par, and the proceeds thereof expended under such 
authority in the construction of such canal or waterway. 
(i02 V. 462.) 

Section 2503-3. This act contemplates, among other 
things, the construction of canals or waterways by means of 
funds contributed by counties, interested or benefited, 
whether of this state or in co-operation with the coun¬ 
ties of other states or other public authorities. And 
for the purposes of co-operation and safe-guarding 
the respective interests of the contributing counties 
in the proportion of their respective contributions 
and in respect of the same the respective county 
commissioners are hereby authorized to enter into 
such proper arrangements and agreements with the secre- 


Order. 


When elec¬ 
tion held. 


Expense. 


Delivery of 
bonds. 


Act includes 
funds con¬ 
tributed. 


Agreements 
for protection 
of funds 
contributed. 


196 


SPECIAL ELECTIONS-TOWNSHIPS. 


Organization 
and incor¬ 
poration. 


Application; 
notice of 
election. 


Conduct of 
elections. 


Election in 
new town¬ 
ship. 


OFFICERS OF NEW TOWNSHIPS. 

tary of war, or any other public authority empowered to 
act in the premises under any act of congress or act of the 
general assembly of this or the legislative authority of any 
other state as may be necessary for such purposes; and also 
with counties and other public authorities either of this or 
other states with a view to harmonious and efficient action 
and proportionate contribution as nearly as may be arrived 
at or found to be practicable. (102 v. 462.) 

ORIGINAL SURVEYED TOWNSHIPS. 

Section 3181. As soon as there are four, or more, 
electors in an original surveyed township of five or six 
miles square, or fractional township, wherein there is 
either the reserved section twenty-nine or sixteen, or where 
such section sixteen has been disposed of by congress and 
another section granted instead thereof, whether such other 
section be situated within or without such original town¬ 
ship, and in all other fractional townships which by law 
are entitled to a section or part of a section for school pur¬ 
poses, such electors, or any of them may apply to the 
county commissioners for the organization and incorpora¬ 
tion of such original township or fractional township. (R. 
S. Sec. 1366.) 

Section 3182. On the application of any such elec¬ 
tors, and it is made to appear to the satisfaction of the 
county commissioners, that there are at least four electors 
in such original or fractional township, the commissioners 
shall order an election of three trustees and one treasurer 
therein, and give at least fifteen days’ written notice of 
such election, by pasting in three of the most public places 
in the township such notices, designating the time and place 
of such election, and the place shall be as near the center 
of such township as practicable. (R. S. Sec. 1367.) 

Section 3183. Elections in such original surveyed 
townships shall be held at such times and conducted in 
such manner as the trustees of the townships provide. 
The place of holding such election shall be as near the 
center of the township as can be, and at least fifteen days’ 
notice of such election shall be given by notices posted in 
five or more of the public places of the township. (R. S. 
Sec. 1368.) 

There is no provision of law for the payment of judges and 
clerks of elections in original surveyed townships, where such 
election is held under authority of this section, and other sections 
following, relating to elections in original townships. L. 11-29-05. 

OEEICERS OF NEW TOWNSHIPS. 

Section 3259. When a new township is set oflf, the 
county commissioners shall forthwith give at least ten days’ 
public notice by advertisement, in three public places in 
such township, of the time and place of holding an elec- 


SPECIAL ELECTIONS — TOWNSHIPS. 


197 


tion for township officers. At such time and place the 
electors of the township shall assemble, and elect officers, 
who shall hold their offices until the next regular township 
election and their successors are elected and qualified. (R. 
S. Sec. 1441.) 

Section 3260. The trustees shall fix the place of 
holding elections within their township, or of any election 
precinct thereof. For such purpose they may purchase or 
lease a house and suitable grounds, or by permanent lease 
or otherwise acquire a site, and erect thereon a house. 
If a majority of the electors of the township or a precinct 
thereof, voting at any general election, vote in favor thereof, 
the trustees may purchase a site and erect thereon a town 
hall for such township or precinct and levy a tax on the 
taxable property within such township or precinct to pay 
the cost thereof, which shall not exceed two thousand dol¬ 
lars. At least thirty days’ notice shall be given in at least 
five of the most public places in the township or precinct, 
that at such election a vote will be taken for or against 
a tax for such purchase. (R. S. Sec. 1443.) 

SALE OF REAL ESTATE. 

Section 3281. The trustees may receive on behalf of 
the township, any donation by bequest, devise, or deed of 
gift, or otherwise, of any property real or personal, for any 
township use. When the township has real estate or build¬ 
ings which it does not need, the trustees may sell and con¬ 
vey them, when at the township election a majority of the 
electors voting at such election have voted in favor thereof. 
Notice shall be given of the submission of the question as 
provided in case of the enlargement, removal or improve¬ 
ment of town halls. (R. S. Sec. 1481. 

HEARSE. 

Section 3285. The trustees of a township may levy 
a tax in such amount, as they determine, to purchase a 
hearse and build a vault, or for either purpose, for the use 
of such township to be under the control of the trustees, or 
a person appointed by them. The question of levying such 
tax, for either or both of such purposes, and the amount 
asked therefor shall be separately submitted to the qualified 
electors of the township at a general election. Twenty days’ 
notice thereof shall be previously given by posting in at 
least three public places in the township. Such notice shall 
state specifically the amount to be raised, and whether for 
purchase of hearse, or erection of vault. If a majority of 
all the votes cast at such election are in favor of either 
proposition or both, the tax herein provided for shall be con¬ 
sidered authorized. (R. S. Sec. 1485.) 


Trustees shall 
fix place of 
holding elec¬ 
tions. 


Trustees may 
receive 

donations for 
township use. 


How hearse 
and vault 
may be pro¬ 
vided. 


19^ 


Election 

therefor. 


Bonds in 
anticipation 
of such tax. 


Tax for drill¬ 
ing oil or gas 
well. 


Bonds for 
specific pur¬ 
poses. 


SPECIAL ELECTIONS — TOWNSHIPS. 

OIL OR GAS WELL — BOND ISSUE. 

Section 3286. The electors voting at such election 
shall have placed on their ballots the words, “Tax for 
Hearse—Yes” or “Tax for Hearse—No,” and upon the 
same ballot, “Tax for Vault—Yes,” or “Tax for Vault— 
No,” and may vote for one proposition and against the 
other, or for or against both. (R. S. Ssc. i486.) 

Section 3287. When such tax has been voted in a 
township, the trustees thereof, in anticipation of such tax 
may issue the township bonds, of the aggregate amount not 
to exceed the tax voted, in denominations of not less than 
fifty dollars, bearing interest at the rate not exceeding six 
per cent and payable not later than four years from date. 
Such bonds shall not be sold below par, and the proceeds 
shall be used solely for the construction of such vault. 
Such bonds shall be signed by the trustees, countersigned 
by the township clerk, and repaid from the tax when col¬ 
lected. (R. S. Sec. 1487.) 

OIL OR GAS WELL. 

Section 3292. In addition to the tax already author¬ 
ized by law, the trustees of any township may levy a tax 
not to exceed five mills on the dollar for the purpose of 
drilling an oil or gas well in the township, when so author¬ 
ized by a majority vote of the electors of such township at 
a regular or special election. Such election shall be con¬ 
ducted the same as elections for township officers, and the 
tax shall be collected as other taxes. (95 v. 449 §1.) 

BOND ISSUE. 

Section 3295. The trustees of any .township may issue 
and sell bonds in such amounts and denominations, for such 
periods of time and at such rate of interest, not to exceed 
six per cent., for any of the purposes authorized by law for 
the sale of bonds by townships or by municipal corpora¬ 
tions for specific purposes, and for the purpose of providing 
funds to pay the township’s share of the cost of any im¬ 
provement made under an agreement with the county com¬ 
missioners, when not less than two of such trustees, by an 
affirmative vote and by resolution, deem it necessary, and 
the provisions of law applicable to municipal corporations 
with reference to the limitations upon the amount of bonds 
to be issued, and for the submission of the question of their 
issuance to the voters, shall extend and apply to the trustees 
of townships. Such township bonds shall be advertised and 
sold in the manner provided by law. All bonds heretofore 
issued by township trustees under assumed authority for 
the improvement of roads in connection with county com¬ 
missioners, shall, in so far as the same might otherwise be 
held invalid on account of the absence of power of such 
trustees to issue bonds for such purpose, be held to be legal, 
valid and binding obligations of the township issuing such 
bonds. (106 V. 536.) 


SPECIAL ELECTIONS-TOWNSHIPS. 


199 


ROAD IMPROVEMENT. 

Section 3298-9. Before the bonds of the township are 
issued to provide funds for improving the roads thereof, the 
question of issuing said bonds shall be first submitted to the 
qualified electors of the township at a general or special 
election therefor. The trustees shall provide by resolution 
for the submission of such question to the qualified electors 
of the township, and shall give notice by publication once 
each week for three consecutive weeks in a newspaper of 
general circulation in said township of the date of such 
election, and the purpose for which it is held. Said notice 
shall state the amount of the proposed bond issue. 

Section 3298-10. The clerk of the township shall file y 
certified copy of such resolution with the deputy state super¬ 
visor of elections of the county not less than thirty days 
before the date fixed for such election. The deputy state 
supervisors of elections shall cause to be prepared and fur¬ 
nished at the expense of the township, ballots and supplies 
for such election. On the ballots at such election shall ap¬ 
pear the words: “Road Improvement Bonds—Yes. Road 
Improvements Bonds—No.’’ The deputy state supervisor 
of elections shall give notice to the proper election officials 
for the holding of such election. 

Section 3298-11. The election officers shall forthwith 
certify the result of such election to the clerk of the town¬ 
ship and the township trustees shall make a record of such 
result. If the number of votes cast in favor of the issue of 
bonds is a majority of the electors who participated in the 
last election for governor in the township the trustees may 
proceed to issue such bonds. The township clerk shall cer¬ 
tify the result of such election to the county auditor. (106 
V- 59-) 

Section 3298-20. The trustees of a township may levy 
a tax in such amount, as they determine, to purchase real 
property, containing suitable stone or gravel, and the neces¬ 
sary machinery for operating the same, when deemed neces¬ 
sary for the construction, improvement, or repair of the 
public roads within the township, to be under the control 
of the trustees or a person appointed by them. The ques¬ 
tion of levying such tax, for such purpose, and the amount 
asked therefor shall be submitted to the qualified electors 
of the township at a general election. Twenty days’ notice 
thereof shall be previously given by posting in at least ten 
public places in the township. Such notice shall state spe¬ 
cifically the amount to be raised. If a majority of all votes 
cast at such election are in favor of the proposition,^ the 
tax therein provided for shall be considered authorized. 
Such tax may be levied in addition to all other taxes for 
township purposes, but subject however to the limitation 
on the combined maximum rate for all taxes now in force. 
(106 V. 653.) 


Submission of 
question of 
bond issue; 
resolution; 
notice. 


Form of 
ballot. 


Record and 
certification 
of result. 


Tax levy to 
purchase 
property con¬ 
taining store 
or gravel; 
submission of 
question. 


200 


SPECIAL ELECTIONS — TOWNSHIPS. 


Town hall, 
cost; election. 


Form of bal¬ 
lot; levy and 
bond issue. 


Control and 
leasing of 
hall. 


Proceedings 
when site 
cannot be 
procured by 
contract. 


Village and 
township may 
jointly en¬ 
large, im¬ 
prove or 
erect_ public 
building. 


HALLS. 

Section 3395. If in a township, it is desired to build, 
remove, improve or enlarge a town hall, at a greater cost 
than is otherwise authorized by law, the trustees may sub¬ 
mit the question to the electors of the township, and 
shall cause the clerk to give notice thereof and of the esti¬ 
mated cost, by written notices, posted in not less than 
three public places within the township, at least ten days 
before election. (R. S. Sec. 1479.) 

Submission of constructing a town hall must be at a regular 
municipal election. Atty. Gen.. 3 t9-1908. 

Section 3396. At such election the electors in favor 
of such hall, removal, improvement or enlargement shall 
place on their ballots “Town Hall — Yes”, and those op¬ 
posed “Town Hall — No”. If a majority of all the bal¬ 
lots cast at the election are in the affirmative, the trustees 
shall levy the necessary tax, but not in any year to exceed 
four mills on the dollar valuation. Such tax shall not be 
levied under such vote for more than seven years. In antic¬ 
ipation of the collection of taxes, the trustees may borrow 
money and issue bonds for the whole or any part therefor, 
bearing interest not to , exceed seven per cent, payable an¬ 
nually. (R. S. Sec. 1479.) 

Section 3397. After such affirmative vote, the trus¬ 
tees may make all needful contracts for the purchase of a 
site, and the erection, or the improvement or enlargement 
of a town hall. They shall have control of any town hall 
belonging to the township, and from time to time, may 
lease so much thereof as may not be needed for township 
purposes, by the year or for shorter periods, to private, 
persons, or for lecturers or exhibitors, in all cases having 
the rent paid in advance or fully secured. The rents re¬ 
ceived may be used for the repair or improvement of the 
hall so far as needed, and the balance for general town¬ 
ship purposes. (R. S. Sec. 1480.) 

Section 3398. In all cases where the trustees have 
been authorized by such affirmative vote, to purchase a site 
and erect thereon a town hall, or to provide a house and 
grounds for voting purposes as authorized by law, and 
suitable lands cannot be procured by contract for that pur¬ 
pose on reasonable terms, they may appropriate land there¬ 
for, not exceeding one acre, by proceedings in accordance 
with the law regulating the appropriation of private prop¬ 
erty by municipal corporations, but such appropriation shall 
not be made until the court is satisfied that such lands can¬ 
not be obtained by contract on reasonable terms. (R. S. 
Sec. 1480a.) 

Section 3399. The electors of a township in which 
a village is situated, and the electors of such village may 
if both so determine, as hereinafter provided, unite in the 
enlargement, improvement or erection of a public building. 
(97 V. 483 § I.) 


SPECIAL ELECTIONS — TOWNSHIPS. 
LIBRARIES — PARKS. 


201 


Section 3400. For such purpose an application shall 
be made to and filed with the trustees of the township, 
signed by not less than twenty-five resident free-holders 
of such township, who are not resident of the village. 
An application shall also be made to and filed with the 
mayor of the village, signed by not less than twenty-five 
resident free-holders of the village. (97 v. 483 § 2.) 

Section 3401. At the next general township and 
municipal election after such applications have been so 
filed, the question as to whether or not a tax shall be levied 
upon all the property subject to taxation in such township 
and village for the enlargement, improvement or erection of 
a public building, shall be submitted to the electors of such 
township and of such village. Ten days’ notice that the 
question will be submitted to the electors, shall be given 
by the trustees of the township and the mayor of the vil¬ 
lage, in a newspaper of general circulation in such town¬ 
ship and village, which notice shall state the maximum 
amount of money proposed to be used for such puropse, 
and the rate of tax proposed to be levied. (97 v. 484 § 3.) 

Section 3402. If at such election two-thirds of the 
electors of the township and of the village voting, vote in 
favor of such improvement, the trustees of such township 
and the council of the village shall jointly take such action 
as is necessary to carry out such improvement. (97 v. 484 
§4-) 

LIBRARIES. 

Section 3403. On the petition of twenty electors 
thereof, and upon four weeks’ public notice, published in 
a paper of general circulation in the county, the trustees 
of a township shall submit to the electors of such township, 
at the general election in November, the question whether 
there shall be a public library established in the township 
for the use and benefit of the citizens thereof. (R. S. 
Sec. 1476.) 

Section 3404. Those voting at such election in favor 
of such library, shall place upon their ballots the words 
‘Tublic Library — Yes”, and those voting thereat against 
such library, the words, “Public Library — No”. If a 
majority of the electors voting at such election vote in 
favor thereof, the trustees may, annually, levy upon all 
the taxable property of such township a tax not exceeding 
one mill on the dollar valuation thereof, to be applied to 
the establishment and maintenance of a library, and the 
procuring of suitable room or rooms therefor. (R. S. 
Sec. 1476.) 

PARKS. 

Section 3415. When any number of electors in a 
township, including all municipal corporations therein, equal 
to or exceeding one-tenth of the total vote cast in such 
township at the general or township election next preceding. 


Application 
to mayor and 
township 
trustees. 


Submission 
of question 
of tax to a 
vote. 


Two-thirds 

vote 

necessary. 


Question of 
public library 
shall be sub¬ 
mitted to 
electors. 


Form of bal¬ 
lot; tax and 
levy. 


Petition foi 
establishment 
of township 
park. 


202 


SPECIAL ELECTIONS — TOWNSHIPS. 


PARKS. 


Report of 
board as to 
site and cost. 


Notice of 
submission of 
question. 


Form of 
ballot. 


Petition for 
sale of park 
lands. 


Notice of 
election. 


file a petition with the township trustees for proceedings to 
establish a free public park for such township, they shall 
certify that fact to the court of common pleas of the county, 
which court, or a judge thereof, shall appoint a board of 
park commissioners for such township. (97 v. 411 § i.) 

Section 3417. The board of park commissioners shall 
call to their assistance one or more skilled landscape archi¬ 
tects, and, if desired, other expert advice, as to suitable 
places for the location of such park. They shall make a 
written report to the township trustees of their findings 
and recommendations, with an estimate of the cost of the 
land recommended for park purposes. Before filing such 
written report, they may take options and receive bids from 
owners of land for park purposes. (97 v. 411 § 2.) 

Section 3418. Upon filing such report, the township 
trustees shall direct the township clerk to give thirty days’ 
notice by posting in five public places in the township, 
and by publication in one or more newsapers of genreal 
circulation therein, that an election will be held at the next 
general or township election to determine whether a free 
public park shall be established for the township, and the 
estimated cost of the land recommended for that pur- 
pose. (97 V. 412 § 3.) 

Section 3419. The trustees shall also direct the clerk 
to file written notice with the proper authority, having 
charge of the preparation of official ballots, that such elec¬ 
tion will be held and that there shall be written or printed 
on the ballots, “For free public park, yes”, or “For free 
public park. No”. If a majority of the votes cast is in 
favor of the proposition, a free public park shall be estab¬ 
lished for such township. If a majority of the votes cast is 
against the proposition, such board of park commissioners 
shall be abolished and the township trustees shall provide 
for and pay all proper expenses by it so incurred. (97 v. 
412 § 3.) 

Section 3422-1. Whenever in their opinion the in¬ 
terests of the township so require the board of park com¬ 
missioners may submit the question of selling the whole or 
any part of any lands so held by them, and when any num¬ 
ber of electors in a township including all municipal cor¬ 
porations therein equal to or exceeding one-tenth of the 
total vote cast in such township at the general election next 
preceding file a petition with the said board of park com¬ 
missioners asking for a sale of the whole or any part of any 
lands so held by them, which real estate or buildings is 
specifically described therein, said board of park commis¬ 
sioners shall submit the question of such sale to the elec¬ 
tors of such township including all municipal corporations 
therein at any general election, or at a special election 
called by said board for such purpose. The board of park 
commissioners shall give twenty days’ notice by posting 
in five public places in the township and by publication in 


SPECIAL ELECTIONS — TOWNSHIPS. 
PARKS. 


203 


one or more newspapers of general circulation therein 
that an election will be held on the date named in said 
notice to determine whether or not said lands shall be 
sold. The board of park commissioners shall file written 
notice with the proper authority having charge of the 
preparation of official ballots, that such election will be 
held, and there shall be written or printed on the ballot, 
‘The question as to the sale of park lands”, “Sale — Yes” 
and “Sale — No”. The returns of such election shall be 
canvassed by the clerk of said township and the result 
forthwith certified to the board of park commissioners, 
and if a majority of the electors voting upon such question 
have voted “Sale — Yes”, said board of park commissioners 
shall sell and convey said land for the best price obtain¬ 
able therefor, and said park commissioners shall make and 
file with the township clerk an affidavit showing that the 
same was sold, to whom, stating the amount received, and 
that it was sold for the best price obtainable therefore (loi 
V. 130.) 

Section 3423. To defray the expenses of purchasing, 
appropriating and improving lands for park purposes and 
maintaining them as a free ^public park, the township park 
commissioners may levy, each year, a sufficient tax, not to 
exceed one mill on each dollar of valuation on all real and 
personal property, including property within any municipal 
corporation within the limits of the township, over and 
above all other taxes and limitations thereon, authorized by 
law, unless the question of increasing such levy is submitted 
to and approved by a vote of the electors of such township, 
at a general or township election. Such vote shall be taken 
on the order of the township park commissioners, specify¬ 
ing the additional levy they desire to make and the purpose 
for which it is desired. (97 v. 413 § 7.) 

Section 3424. On the making of such order the town¬ 
ship clerk shall give notice at least thirty days before the 
election that the vote will be taken, by posting printed 
notices in at least five public places therein, and by publica¬ 
tion in not less than one newspaper of general circulation 
therein. The electors who favor the proposition shall have 

printed or written on their ballot “. 

park improvement (naming it)—yes;” and those opposed 
to the proposition shall have printed or written on their bal¬ 
lots “. park improvement (nam¬ 

ing it)—no.” If a majority of all the votes cast upon the 
proposition is in favor of it, the township park commission¬ 
ers may levy the additional tax. (97 v. 413 § 7.) 

Section 3427-2. In paying any expenses of park man¬ 
agement and improvements authorized by section i of this 
act the township trustees may appropriate and use for such 
purposes any funds in the township treasury then unap¬ 
propriated for any other purpose. Should there be no avail¬ 
able funds in the township treasury or not sufficient in 


Form of 
ballots. 


Affidavit of 
park com¬ 
missioners. 


Tax levy to 
defray ex¬ 
penses. 


Submission of 
(juestion of 
increased 
levy. 


Empowered 
to make 
appropria¬ 
tions and 
levy tax. 




204 


SPECIAL ELECTIONS ^— TOWNSHIPS. 


When tax 
levy shall 
be submitted 
to electors; 
notice and 
time of 
election. 


Township 

memorial 

buildings. 


Maximum 

expenditure. 


MEMORIAL BUILDING 

amount to pay for the desired park management and im¬ 
provements in any year, the township trustees are author¬ 
ized and empowered to levy a tax to pay for such park man¬ 
agement and improvements, which tax shall be levied upon 
all of the taxable property in the township and shall be cer¬ 
tified, levied and collected in the manner prescribed by law 
for the certification, levy and collection of other township 
taxes, and the money so raised shall be paid over to the 
township treasurer and by him paid out on the order of the 
township trustees certified by the township clerk; provided, 
however, that if a sum greater than two thousand dollars 
is to be expended by said trustees for park management and 
improvement purposes in any one year, and such sum is not 
available from any unappropriated money in the township 
treasury, before any tax for park management and improve¬ 
ment purposes shall be levied which will amount to more 
than two thousand dollars, the question of levying such ad¬ 
ditional tax shall be submitted to and approved by the ma¬ 
jority of the electors of the township voting on the question. 
If such election shall be necessary, it shall be called at a 
regular meeting of the township trustees and shall be held 
within thirty days from the date of the resolution calling 
the same. Twenty days’ notice of said election shall be 
given by the posting of notices thereof by the township 
clerk in ten public places in the township, and provisions 
for the holding of said election shall be made by the deputy 
state supervisors of elections upon receiving from the clerk 
of the township notice of the date and purpose of said elec¬ 
tion ; provided, however, that nothing in this act shall in 
any way or manner repeal, afifect or modify any law relat¬ 
ing to park commissioners now in force, or to prevent the 
appointment of any park commissioners in the future, or to 
repeal, affect or modify the authority of park commissioners 
now appointed or hereafter appointed. io6 v. 279.) 

MEMORIAL BUILDING. 

Section 3410-1. That whenever the trustees of any 
township in any county by resolution passed by a majority 
of such trustees shall certify to the resident common pleas 
judge of the county in which such township is located, or 
if there be no resident common pleas judge, then the com¬ 
mon pleas judge of the subdivision in which said township 
is located having had the longest tenure in office, or if there 
be none such, then to the oldest common pleas judge of the 
subdivision in which such township is located, that in their 
opinion it is desirable to erect, furnish and maintain a 
memorial building to commemorate the services of the sol¬ 
diers, sailors, marines and pioneers of said township, and to 
expend for such purpose an amount to be named by them 
not exceeding two hundred and fifty thousand ($250,600) 
dollars in any one instance, the common pleas judge to 
whom such certification is made, shall appoint a board of 


SPECIAL ELECTIONS-TOWNSHIPS. 

MEMORIAL BUILDING. 


205 


trustees composed of seven citizens of said township, one of 
whom shall be appointed for the term of one year, one for 
two years, one for three years, one for four years, one for 
five years, one for six years and one for seven years, and 
each and every year thereafter the resident judge of the 
court of common pleas of the county in which said town¬ 
ship is located, if there is, and shall be hereafter when an 
appointment is to be made a resident judge, and if not, then 
by any common pleas judge of the subdivision in which said 
township is located having power to make original appoint¬ 
ments under this act shall appoint a sucessor for a term of 
seven years, to the trustee whose term of office then ex¬ 
pires ; but not more than four of the members of said board 
of trustees shall belong to the same political party; said 
board to be known as the “soldier’s and sailor’s memorial 

association of.. . township,.. 

county, Ohio.” (loi v.'387.) 

Section 3410-2. Said trustees shall receive no com¬ 
pensation but shall be entitled to be repair for their neces¬ 
sary expenses out of the fund hereinafter provided. All 
vacancies in the office of trustee occuring by death, resig¬ 
nation, removal from said township or otherwise shall be 
filled, in the same manner as the original appointment, for 
the then unexpired term or terms. Said trustees shall elect 
from their own number a chairman, secretary and treasurer 
and shall hold regular meetings at such times and places as 
they may agree upon and special meeting under such regu¬ 
lations as they may prescribe, and cause to be kept a full 
record of their proceedings. (loi v. 387.) 

Section 3410-3. Immediately upon the appointment 
and organization of said board of trustees, they shall certify 
to the deputy supervisors of election of the county in which 
such township is located and in which said board is organ¬ 
ized, the fact of their appointment and organization, and 
direct the submission to popular vote at the next regular 
township election of the question of the issuing of bonds 
in the amount specified by the township trustees in their 
original resolution, and of the erection and maintenance of 
the memorial building contemplated. The deputy super¬ 
visors of election of said county shall submit said question 
to popular vote at the next regular township election with 
such forms of ballot as said deputy supervisors may pre¬ 
scribe and shall certify the result of said election to the 
bo^rd of trustees. If a majority of the votes cast upon 
said question is in favor of said issuance of said bonds 
r^nd the construction and maintenance of said memorial 
building, said board of trustees shall proceed as hereinafter 
authorized. (loi v. 387.) 


Trustees; ap¬ 
pointment, 
terms of 
office, etc. 


Vacancies. 


Township 

election. 




2u6 


SPECIAL ELECTIONS-TOWNSHIPS. 


Trustees may 
acquire lands 
for ceme¬ 
teries. 


Levy and 
taxes for 
expenses. 


Vote may 
be taken. 


Notice of 

election; 

ballots. 


Trustees 
empowered 
to construct 
as means 
of access to 
schools. 


Submission 
of question 
as to tax 
levy. 


CEMETERIES. 

Section 3441. Township trustees may accept a con¬ 
veyance of, or purchase, and inclose, improve, and protect 
such lands in one or more places within the township as 
they deem necessary and proper for cemetery purposes. If 
suitable lands cannot be procured by contract on reasonable 
terms, they may appropriate lands therefor, not to exceed 
ten acres, by proceedings in accordance with the provisions 
of law regulating the appropriation of private property by 
municipal corporations. (R. S. Sec. 1464.) 

Section 3444. To defray the expenses of such pur¬ 
chase or appropriation, inclosing and improving of such 
lands, the trustees may levy for one or more years a tax 
sufficient for that purpose, not to exceed two thousand dol¬ 
lars in any one year, and each year thereafter such sum as 
may be necessary for the needful care, supervision, repair, 
and improvement of such cemeteries. (R. S. Sec. 1465.) 

Section 3445. Before such purchase or appropriation 
is made or conveyance accepted the question of establish¬ 
ment of such cemetery, on the-order .of the trustees, or the 
written application of any six electors of the township, shall 
be submitted to a vote of the electors of the township at a 
regular annual election. Such order or application shall 
specify as near as may be the proposed location of such 
cemetery, and the estimated cost thereof, including inclos¬ 
ing and improving it. (R. S. Sec. 1465.) 

Section 3446. On the making of such order or the 
filing of such application, and at least twenty days before 
the election, the clerk shall post written notices in at least 
three public places in the township, that the vote will be 
taken. The electors who favor the proposition shall place 
on their ballots for township offices the word “cemetery”. 
If a majority of the votes given at such election on such 
proposition is in favor thereof, the trustees shall procure 
the lands for that purpose and levy taxes as hereinbefore 
provided. (R. S. Sec. 1465.) 

FOOT-BRIDGES. 

Section 7562-1. That the trustees of any township 
are authorized and empowered to construct, rebuild and re¬ 
pair foot-bridges across the rivers and streams in their re- 
soective townships when they may deem it necessary so to 
do in order to provide convenient means of access to the 
public schools of their said township by the pupils residing 
in the school district, wherein a public schoolhouse is lo¬ 
cated; but in no- case shall the cost of the aforesaid construc¬ 
tion, rebuilding or repair of any said foot-bridge exceed the 
sum of one thousand dollars. (104 v. 198.) 

Section 7562-2. Said township trustees are author¬ 
ized to pay the cost of the construction, rebuiding or repair 
of such said bridges out of any funds, unappropriated for 
any other purpose and in the township treasury. Should 


SPECIAL ELECTIONS— MUNICIPALITIES. 

MUNICIPAL CHARTER ACT, 

there be no funds in the township treasury available for the 
aforesaid purposes, then the said trustees are authorized and 
empowered to levy a tax for the purpose of procuring the 
necessary funds for the construction, rebuilding or repair of 
said bridges, which said tax shall be levied upon all of the 
taxable property in said township, and shall be certified, 
levied and collected in the manner prescribed by law for the 
certification, levy and collection of other township taxes, and 
the money sO' raised shall be paid over to the township treas¬ 
urer and by him paid out on the order of the township trus¬ 
tees certified by the township clerk; provided, however, 
that said tax shall not be levied until the same has been ap¬ 
proved by a majority of the qualified voters of said town¬ 
ship voting at any election at which said question shall be 
submitted. (104 v. 198.) 

Section 7562-3. Said election shall be called at a Election, 
regular meeting of the township trustees and shall be held 
within thirty days from the date of the resolution of the 
township trustees calling the same. Twenty days’ notice of 
said election shall be given by the posting of, notices thereof, 
by the township clerk, in ten public places of said township, 
and provisions for the holding of said election shall be made 
by the deputy state supervisors of elections upon receiving 
notice, from the clerk of the township, of the date and pur¬ 
pose of said election. (104 v. 198.) 

MUNICIPALITIES. 

SURRENDER OF CORPORATE POWERS. 

Section 3513. Villages may surrender their corporate 
powers upon petition to council of at least forty per cent, of 
the electors thereof, to be determined by the number voting 
at the last muncipal election, and an affirmative vote of 
a majority of such electors at a special election which shall 
be provided for by council, and conducted, canvassed, and 
the result certified and made known as regular municipal 
elections within the corporation. If the result of the elec¬ 
tion is in favor of such surrender, the clerk of the village 
shall certify the result to the secretary of state and the 
recorder of the eounty, who shall record it in their respect¬ 
ive offices, and thereupon the corporate powers of such 
village shall cease. (96 v. 21 § 4.) 

MUNICIPAL CHARTER ACT. 

Section 3515-1. Whenever electors of any municipality 
equal in number to ten percentum of those who voted at 
the last regular municipal election, shall file a petition with 
the board of deputy state supervisors of elections or board 
of deputy state supervisors and inspectors of election, as 
the case may be, of the county in which such municipality 
is situated, asking that the question of organizing the munic¬ 
ipality under any one of the plans of government provided 


How villages 
may surren¬ 
der their 
corporate 
powers. 


Petition for 
submission of 
question of 
organizing 
municipality 
under specific 
plan. 


2o8 


SPECIAL ELECTIONS- MUNICIPALITIES. 


Petition for 
submission of 
question of 
choosing com¬ 
mission to 
frame 
charter. 


Form of bal¬ 
lot in sub¬ 
mitting ques¬ 
tion of 
organizing 
under plan. 


MUNICIPAL CHARTER ACT. 

in this act be submitted to the electors thereof, said board 
shall at once certify that fact to the council of the munic¬ 
ipality and the council shall, within thirty days, provide 
for submitting such question at a special election to be 
held not less than sixty nor more than ninety days after 
the filing of such petition. Any such election shall be con¬ 
ducted in accordance with the general election laws of the 
state except as otherwise provided in this act and the coun¬ 
cil of any municipality holding such an election shall ap¬ 
propriate whatever money may be necessary for the proper 
conduct thereof. (103 v. 767.) 

Municipalities may determine their officers and the method of 
their selection, nomination and election. The provisions of Section 
7, Article 18 of the Constitution, authorizing municipal charters, 
are subject to provisions of Section 3, Article 18, authorizing local 
self-government. 

Fitzgerald v. Cleveland, 88 O. S. 338. 

Section 2. The proposition to adopt a plan of govern¬ 
ment provided in this act shall not be submitted to the 
electors of any municipality less than ninety days before 
a regular municipal election. Tf in any municipality, a 
sufficient petition is filed, requiring that the question of 
choosing a commission to frame a charter be submitted to 
the electors thereof, the proposition to adopt a plan of 
government provided in this act shall not be submitted 
in that municipality as long as the question of choosing 
such commission or adopting a charter framed thereby is 
pending therein. In any municipality while the proposi¬ 
tion of adopting any one of the three forms of government 
herein provided for its pending, then no other proposition 
herein provided for shall be submitted until said pending 
proposition is adopted or rejected. (103 v. 767.) 

Section 3. In-submitting the question of organizing 
under any one of the plans of government provided in this 
act to the electors of any municipality the board of deputy 
state supervisors of elections or board of deputy state super¬ 
visors and inspectors of elections, as the case may be, shall 
cause to be printed on the ballots the following question, 
“Shall the (name the plan) plan of government, as pro¬ 
vided in chapter.section.of the General Code 

of Ohio be adopted? Immediately following such question 
there shall be printed on the ballots the following proposi¬ 
tions in the order here set forth: 

“For the adoption of the (.) plan.” 

“Against the adoption of the (.) plan.” 

When the question is on the adoption of the federal 
plan of government there shall also .be submitted the ques¬ 
tion “For councilmen-at-large,” and “For councilmen-by- 
wards.” 

There shall also be printed on the ballots at any such 
election the following supplementary proposition; 

“For the adoption of the recall.” 

“Against the adoption of the recall.” 







SPECIAL ELECTIONS— MUNICIPALITIES. 
MUNICIPAL CHARTER ACT. 


209 


Immediately to the left of each of the propositions 
shall be placed a square in which the electors by making 
a cross (X) mark may vote for or against any such proposi¬ 
tions. 

At least thirty days prior to any such election the dep¬ 
uty state supervisors of elections or board of deputy state 
supervisors and inspectors of elections, as the case may be, 
of the county shall mail a copy of the proposed plan of gov¬ 
ernment and the supplementary propositions as specified 
in this act to each elector of the municipality whose name 
appears on the poll or registration books of the last regular 
general election, and each such copy shall contain on the 
front cover thereof a fac-simile ballot and the date and 
hours of the election. Any elector may, at least forty days 
prior to such election file with said board a written argu¬ 
ment of not more than three hundred words for or against 
any proposed plan of government or for or against any 
other proposition submitted and, upon payment of the cost 
of printing, said board shall cause the same to be printed 
and a copy thereof mailed with the copy of the proposed 
plan to each elector or otherwise distributed to every voter 
as far as practicable. (103 v. 767.) 

Section 4. If, when submitted in any municipality 
the proposition of adopting a plan of government provided 
in this act is approved by a majority of those voting there¬ 
on, such plan, together with any of the supplementary 
propositions that may have been approved by a majority 
of the electors voting thereon, shall become the charter of 
such municipality. When so adopted, this act shall go into 
effect immediately, in so far as it applies to the nomination 
and election of officers provided for herein and in all other 
respects it shall go into effect upon the first day of January 
following the next regular municipal election. All officers 
of any plan of government superseded by the adoption 
of any plan provided in this act, except members of the 
commission or council, shall continue in office and in the 
performance of their duties until the commission or council 
elected hereunder shall have provided by ordinances for 
the performance of the duties of such officers, whereupon 
the terms of all such officers shall expire and their offices 
be deemed abolished. (103 v. 768.) 

Section 5. In any municipality where a plan of gov¬ 
ernment provided in this act has been adopted any of the 
supplementary propositions, not previously adopted, ^ may 
be independently submitted to the electors at any municipal 
election in the manner provided for submitting the question 
of adopting such plan of government. If the proposition 
to adopt a plan of government provided in this act is re¬ 
jected by the electors of a municipality, it shall not again be 
submitted in that municipality within one year thereafter. 
(103 V. 769.) 

14 E. L. 


Mailing 
copies of 
plan to 
electors. 


Filing argu¬ 
ments for and 
against. 


Result of 
adoption. 


Submission 
of sup¬ 
plementary 
propositions. 


216 


Board shall 
file certificate 
of results of 
election. 


Applicable to 
each plan of 
government. 


Nominations 
and elections. 


How ballot 
shall be pre¬ 
pared; print¬ 
ing in series. 


Who declared 
elected. 


SPECIAL ELECTIONS— MUNICIPALITIES. 

MUNICIPAL CHARTER ACT. 

Section 6. Immediately after an election upon the 
adoption of any plan of government or proposition provided 
herein the board of deputy state supervisors of elections 
or board of deputy state supervisors and inspectors of elec¬ 
tions, as the case may be, of the county in which such elec¬ 
tion is held shall file with the secretary of state a certificate 
of the results thereof. (103 v. 769.) 

ARTICLE II. ELECTION PROVISIONS. 

Section i. Applicable to each plan. The sections of 
this Article shall apply to and be a part of each of the 
plans of government provided in this act. (103 v. 769.) 

Section 2. Nominations and elections. Regular mu¬ 
nicipal elections shall be held on the first Tuesday after 
the first Monday in November in the odd numbered years, 
and shall be conducted and the results canvassed and an¬ 
nounced by the regular election authorities. Candidates 
to be voted for at the regular muncipal elections shall be 
nominated as provided by law. (103 v. 769.) 

Section 3. Ballots. The ballots used in all elections 
provided for in this act shall be without party marks or 
designations. The names of candidates on such ballot shall 
be printed in rotation as follows: The ballots shall be 
printed in as many series as there are candidates for the 
office for which there is the greatest number of candidates. 
The whole number of ballots to be printed shall be be 
divided by the number of series and the quotient so ob¬ 
tained shall be the number of ballots in each series. In 
printing the first series of ballots the names of candidates 
for each office shall be arranged in alphabetical order under 
the title thereof. After printing the first series the first 
name in each list of candidates for the various offices shall 
be placed last in such list and the next series printed, and 
the process shall be so repeated until each name in the 
largest list of candidates shall have been printed first an 
equal number of times. The ballots so printed shall then 
be combined in tablets, so as to have the fewest possible 
ballots having the same order of names printed thereon 
together in the same tablet. The ballots shall in all other 
respects conform as nearly as may be to the ballots pre¬ 
scribed by the general election laws of the state. (103 v. 
769.) 

Section 4. Regular election. The candidates at the 
regular municipal election, equal in number to the places 
to be filled in each office, who received the highest number 
of votes, shall be declared elected. In case it cannot be de¬ 
termined which of two or more candidates shall be declared 
elected, by reason of the fact that they have received the 
same number of votes, the election authorities shall de¬ 
termine by lot which of said candidates shall be declared 
elected. (103 v. 770.) 


SPECIAL ELECTIONS- MUNICIPALITIES. 

MUNICIPAL CHARTER ACT. 


21 


ARTICLE VII. INITIATIVE, REFERENDUM AND RECALL. 

. Section i. Adoption. All laws pertaining to the 
initiative and referendum in municipalities shall apply to 
and become a part of each plan of government provided for 
in this act. The provisions of section 2 of this article shall 
be submitted to the electors pf the municipality as pre¬ 
scribed in article I, section 3 hereof, with each and every 
plan of government, provided herein. Section 2 of this 
article shall form a part of any such plan of government 
and go into effect in such municipality only to the extent to 
which the provisions shall have been adopted as provided in 
article I, section 3 hereof. (103 v. 784.) 

Section 2. The recall. Any elective officer of any 
municipality may be removed from office by the qualified 
voters of such municipality. The procedure to effect such 
removal shall be as follows: 

(1) . A petition signed by qualified electors equal in 
number to at least fifteen per cent, of the total votes cast 
at the last preceding general municipal election, and de¬ 
manding the election of a successor to the person sought to 
be removed, shall be filed with the deputy state supervisors 
of elections or board of deputy state supervisors and in¬ 
spectors of elections, as the case may be, which petition 
shall contain a general statement in not more than two 
hundred words of the grounds upon which the removal is 
sought. The form, sufficiency and regularity of any such 
petition shall be determined as provided in the general 
election laws. 

(2) . If the petition shall be sufficient, and if the per¬ 
son or persons whose removal is sought shall not resign 
within five davs after the sufficiency of the petition has been 
determined, the council shall thereupon order and fix a day 
for holding an election to determine the question of his 
removal, and for the selection of a successor to each officer 
named in said petition, which election shall be held not 
less than thirty nor more than forty days from the finding 
of the sufficiency of the petition. The election authorities 
shall cause publication of notice and all arrangements to 
be made for holding such election, and the same shall be 
conducted and the result thereof returned and declared in 
all respects as are the results of general municipal elections. 

(3) . The nominations of candidates to succeed each 
officer sought to be removed shall be made without the in¬ 
tervention of a primary election by filing with the election 
authorities at least twenty days prior to such special elec¬ 
tion, a petition proposing a person for each such office, 
signed by electors equal in number to ten per cent, of the 
total votes cast at the last preceding general municipal 
election for the head of the ticket. 

(4) . The ballots at such recall election shall conform 
to the following requirements; with respect to each person 


Initiative and 
referendum 
applicable to 
each plan. 


Removal by 

recall; 

procedure. 


2fI2 


Petition to 
township trus¬ 
tees for in¬ 
corporation. 


SPECIAL ELECTIONS — MUNICIPALITIES. 

INCORPORATION. 

whose removal is sought, the question shall be submitted: 
“Shall (name of person) be removed from the office of 
(name of office) by recall?” Immediately following each 
such question, there shall be printed on the ballots, the two 
propositions in the order set forth: 

“For the recall of (name of person)”. 

“Against the recall of (name of person).” 

Immediately to the left of the proposition shall be 
placed a square in which the electors, by making a cross 
(X) mark, may vote for either of such propositions. Un¬ 
der each of said questions shall be placed the names of can¬ 
didates to fill the vacancy. The name of the officer whose 
removal is sought shall not appear on the ballot as a can¬ 
didate to succeed himself. 

(5). In any such election, if a majority of the votes 
cast on the question of removal are affirmative, the person 
whose removal is sought shall thereupon be deemed removed 
from office upon the announcement of the official canvass 
of that election, and the candidate receiving the plurality 
of the votes cast for candidates for that office shall be de¬ 
clared elected. The successor of any person so removed 
shall hold office during the unexpired term of his predeces¬ 
sor. The question of the removal of any officer shall not 
be submitted to the electors until he shall have served for 
at least one year of the term during which he is sought to 
be recalled. The method of removal herein provided is in 
addition to such other methods as may be provided by law. 
If, at any such recall election, the incumbent whose removal 
is sought is not recalled, he shall be repaid from the city 
treasury his actual and legitimate expenses for such elec¬ 
tion, but such sum shall not exceed fifty per cent, of the sum 
which he is by law permitted to expend as a candidate'at 
any regular municipal election. (103 v. 785.) 

INCORPORATION. 

Section 3526. When the inhabitants of any territory 
or portion thereof desire that such territory shall be incor¬ 
porated into a village, thev shall make application, by 
petition, to the trustees of the township in which the terri¬ 
tory is located, or, if the territory is located in more than 
one township, to the trustees of the township in which the 
majority of such inhabitants reside. Such petition shall be 
signed by at least thirty electors of the territory, and shall 
be accompanied by an accurate map of the territory, and 
shall contain in addition to the matter hereinbefore required 
to be set forth in petitions to incornorate territory laid off 
into village lots, the request of the petitioners that an elec¬ 
tion be held to obtain the sense of the electors upon such 


SPECIAL ELECTIONS — MUNICIPALITIES. 
INCORPORATION. 


213 


incorporation. Such petition may be presented at a regular 
or special meeting of the township trustees. (R. S Sec. 
iS6ia.) 


Note: — Township trustees may refuse to proceed with elec- 
tion upon question of incorporation of village until expense of 
such proceeding is paid by petitioners. Atty. Gen. 1-8-1908. 

Section 3527. When the township trustees receive 
the petition, with the proof that the'persons who signed it 
are electors, and reside within the limits of the proposed 
incorporation, and that a majority of them are freeholders, 
they shall make and order that such territory shall, with 
the assent of the qualified voters thereof as hereinafter 
provided, be an incorporated village by the name specified 
in the petition. They shall also include in such order, a 
notice for the election by the qualified voters residents in 
the territory, at a convenient place therein to be by them 
named, on a day within fifteen days thereafter, to determine 
whether such territory shall be incorporated. The town¬ 
ship trustees shall give ten days’ notice of such election by 
publication in a newspaper of general circulation in such 
territory, and cause written or printed notices thereof, to 
be' posted in three or more public places in such territory 
proposed to be incorporated. (R. S. Sec. 1561b.) 

Section 3528. The township trustees shall be judges 
of the election, and the township clerk shall be clerk there¬ 
of. As far as practicable, the election shall be conducted in 
the manner prescribed for the election of township officers, 
and the ballot shall contain the words “For incorporation” 
and “Against incorporation.” If a majority of the ballots 
cast at such election shall contain thereon the words 
“Against incorporation,” the voters of such territory shall 
be deemed not to have assented to the incorporation thereof, 
and no further proceedings shall be had in relation thereto, 
but this shall not be a bar to other proceedings for the 
same purpose. (R. S. Sec. 1561c.) 

Note; — The submission of a question of incorporation is 
governed by the special provisions of this section, and not by the 
superivsory election law. 

Section 3529. If a majority so cast have thereon the 
words, “For incorporation,” the township trustees shall 
cause to be entered on their journal, a minute of all their 
proceedings, the number of votes cast at the election, the 
number of votes cast for incorporation, and the number 
cast against incorporation, and they shall then declare that 
such territory shall from that time be deemed an incor¬ 
porated village, and shall make an order declaring that 
such village has been incorporated by the name adopted. 
(R. S. Sec. 1561c.) 


Procedure 
upon receipt 
of petition. 


Election; 
form of 
ballot. 


Proceedings if 
result is 
affirmative. 


214 


SPECIAL ELECTIONS — MUNICIPALITIES. 
ANNEXATION. 


Transcript 
and record. 


Election of 
officers. 


Territory of 
corporations 
shall be con¬ 
tiguous. 


Submission of 
question to 
vote. 


Submission by 

ordinance 

adopted. 


Petition, 


Section 3530. The trustees shall make a certified 
transcript of the journal entries of all their proceedings 
and a majority of them having signed it, with the original 
petition and plat, they shall deliver it to the county recorder, 
who shall forthwith make a record of the petition transcript 
and plat or map, in the public book of records, and pre¬ 
serve in his office the original papers delivered to him by 
the trustees, and certify thereon that the transcribed peti¬ 
tion and map are properly recorded. When the recorder 
has so made such record, he shall certify and forward to the 
secretary of state a transcript thereof. (R. S. Sec. 1561c.) 

Section 3536. The first election of officers for such 
corporation shall be at the first municipal election after its 
creation, and the place of holding the election shall be 
fixed by the agent of the petitioners. Notice thereof, 
printed or plainly written, shall be posted by him in three 
or more public places within the limits of the corporation, 
at least ten days before the election. The election shall 
be conducted, and the officers chosen and qualified, in the 
manner prescribed for the election of township officers, 
and the first election may be a special election held at any 
time not exceeding six months after the incorporation, and 
the time and place of holding it shall be fixed by such 
agent, and notice thereof shall be given as is required 
herein for the municipal election. (R. S. Sec. 1565.) 

ANNEXATION. 

Section 3566. When the inhabitants, generally, of a 
municipal corporation, the territory of which is contiguous 
and adjoining the territory of another municipal corpora¬ 
tion, desire to be annexed to such other corporation, such 
annexation shall be effected in the manner hereinafter de¬ 
scribed. (R. S. Sec. 1606.) 

Note: — Our law does not provide for the consolidation of 
two municipal corporations. One such corporation must be an¬ 
nexed to the other. Atty. Gen. 6-23-1909. 

Section 3567, The council of the corporation pro¬ 
posing such annexation shall submit the question of annexa¬ 
tion to the electors thereof, and the council of the corpora¬ 
tion to which annexation is proDosed to be made shall also 
submit the same question to its electors. (R. S. Sec. 1607.) 

Section 3568. The submission shall be by ordinance 
adopted by the council of each corporation at least thirty 
days prior to an annual election, at which election the 
vote shall be taken. If there shall be presented to the 
council of a municipality proposed to be annexed to an 
adjoining or contiguous municipality a petition asking for 
the submission of the question of annexation to a vote 
signed by twenty-five per cent or more of the resident 
electors of the territory to be annexed, and there shall ac- 


SPECIAL ELECTIONS— MUNICIPALITIES. 
ANNEXATION. 


2lS 


company said petition a certificate duly verified on belief 
by oath from the clerk of the board of deputy state super¬ 
visors and inspectors of election or from the clerk of the 
board of deputy state supervisors of election of the county 
in which said municipality is located, to the effect that 
the petition contain equal to twenty-five per cent or more 
of the number of votes cast at the last municipal election 
in the territory to be annexed, the councils of both said 
municipalities shall order the question of annexation to be 
submitted to a vote at the next general election, whether 
state, county or municipal, occurring more than sixty days 
after the filing of. such petition. After said petition has 
been presented to council the names of signers thereto 
shall not be withdrawn except upon proof of fraud, ac¬ 
companied by an affidavit duly verified by oath setting 
forth the facts substantiating the same. Each ordinance 
shall prescribe the manner in which the submission shall 
be made and shall be published in each corporation by 
posters or otherwise, for the period of at least twenty days 
prior to the time fixed for the election in such manner as 
the council deems most expedient. 

If, upon the presentation of said petition so signed to¬ 
gether with the certificate of the clerk of the board of 
deputy state supervisors and inspectors of election, the 
council of the municipality proposed to be annexed, shall, 
for twenty days after the presentation of said petition and 
certificate, fail to pass the necessary ordinance for the pur¬ 
pose of causing a submission of the question of annexation 
to a vote of the electors of said municipality, then, upon 
the presentation of a copy of said petition and certificate 
to the county commissioners of the county in which said 
municipality is situated, it is hereby made the duty of said 
commissioners to cause the question of annexation of the 
said municipality to be submitted at the next general elec¬ 
tion whether state, county or municipal, occurring more 
than sixty days after the presentation of said petition and 
certificate, by passing a resolution directing the submission 
of the question of annexation of said municiaplity at which 
election a vote shall be taken upon the question of annexa¬ 
tion and the resolution shall prescribe the manner in which 
such submission shall be made. And in the event of the 
county commiss-ioners causing the question to be submitted 
to the electors of the municipality proposed to be annexed, 
the council of the municipality to which it is proposed to 
annex said territory shall pass the necessary ordinance as 
directed by this act for the purpose of submitting the ques¬ 
tion of annexation to the electors of the municipality to 
which it is proposed to annex. (102 v. 442.) 


Order by both 
municipalities. 


Publication. 


Procedure on 
failure to 
pass ordi¬ 
nance. 


Section 3569. If a majority of the electors of each 
corporation, voting on the question so submitted, is in favor council, 
of annexation, the council of each shall thereupon cause 
the result to be certified to the other corporation. If the 


2i6 


SPECIAL ELECTIONS — MUNICIPALITIES. 
annexation. 


Commis¬ 

sioners. 


Failure to 

arrange 

terms. 


Report of 
commis- " 
sioners, 
approval, 
etc. 


Existing 

contracts. 


council of the municipality proposed to be annexed does 
not within twenty days after the election cause the result 
to be certified to the other municipality it is hereby made 
the duty of the county commissioners of the county in 
which such municipality is located to certify the result to 
such municipality. (loi v. 244.) 

Section 3570. The council of each corporation shall 
then appoint, by resolution or ordinance, three commis¬ 
sioners to arrange the terms and conditions of annexation, 
and report the result of their action to the council of their 
respective corporations. And if the council of the munici¬ 
pal-corporation proposed to be annexed shall fail to ap¬ 
point such commission within thirty days from the time 
the result of the election is certified, then the county com¬ 
missioners of the county in which said municipal corpora¬ 
tion, is situated shall appoint such commissioners for said 
municipal corporation, and the duties of the commissioners 
thus appointed shall be the same as those of commis¬ 
sioners appointed by the council except that they shall 
make their report to the county commissioners. In the 
event the commissioners of the municipal corporation pro¬ 
posed to be annexed shall fail to agree to arrange terms 
and conditions of annexation with the annexation com¬ 
missioners of the annexing municipality on or before the- 
first day of May following the eletcion in favor of such 
annexation, then, the county commissioners of the county 
in which such municipal corporations are situated shall 
upon complaint of the commissioners of the annexing cor¬ 
poration appoint commissioners for said municipal corpora¬ 
tion to be annexed, which commissioners shall be residents 
of the territory to be annexed, and the^ duties of the com¬ 
missioners thus appointed shall be the same as those of 
commissioners appointed by the council except that they 
shall make their report to the county commissioners. (102 
V. 442.) 

Section 3571. When the report of the commissioners 
is approved by ordinances passed by each corporation, cer¬ 
tified copies thereof, signed by the presiding officer of the 
council and the respective auditors or clerks of each cor¬ 
poration, and authenticated by the corporate seal of each, 
if any there be, shall be filed in the office of the auditor or 
clerk of the corporation to which annexation is proposed to 
be made. Should the council of the municipal corporation 
proposed to be annexed fail, for a period of three consecu¬ 
tive weeks after the report of the commissioners is filed 
with it, to approve the same, it is hereby made' the duty 
of the county commissioners of the county in which said 
municipal corporation is located to act for said corporation 
and they are hereby, for that purpose invested with all 
the powers conferred upon the council in this section and 
in the event that the report is made to the county com¬ 
missioners as provided in the next preceding section, then 


SPECIAL ELECTIONS — MUNICIPALITIES. 
DETACHMENT OF TERRITORY. 


217 


said county commissioners are authorized to approve said 
report by resolution; provided further that when any mu¬ 
nicipal corporation is annexed, all contracts existing and 
in force in any form as valid and subsisting obligations 
upon any such municipal corporation at the time such an¬ 
nexation is consummated, shall not extend beyond the orig¬ 
inal limits of such annexed municipal corporation by virtue 
of such annexation. (loi v. 244.) 

DETACHMENT OF TERRITORY. 

Sec. 3577"! • The inhabitants residing within any por¬ 
tion of a village, such portion being contiguous to an ad¬ 
joining township, and comprising not less than one thou¬ 
sand five hundred acres of land, may file with the board of 
deputy state supervisors and inspectors of elections in said 
county a petition requesting that an election be held to ob¬ 
tain the sense of the electors residing within said portion 
of such village upon the question of the detachment of such 
portion from such village, or, upon the question of the de¬ 
tachment of such portion from said village and the erection 
of such detached portion into a new township. Said peti¬ 
tion shall contain an accurate description of the territory 
sought to be detached, together with an accurate map or 
plat thereof, and, if the erection of a new township is also 
sought, the name proposed for such new township; also, 
the name of a person to act as agent of the petitioners, and 
shall be signed by not less than twenty-five electors re¬ 
siding within the territory sought to be detached. Within 
ten days after the filing of said petition with the board 
of deputy state supervisors and inspectors of elections, said 
board shall determine whether said petition conforms to 
the requirements thereof. If it does not, no further action 
shall be taken thereon. If it does, said board shall order an 
election, as prayed for in said petition, which election shall 
be held at a convenient place within the territory sought 
to be detached on a day named by said board, which day 
shall be not less than ten days, nor more than twenty days, 
thereafter. Said board shall thereupon give ten days’ no¬ 
tice of such election by publication in a newspaper of gen¬ 
eral circulation in said territory, and shall cause written or 
printed notices thereof to be posted in three or more pub¬ 
lic places therein. Said election shall be conducted as 
other elections are conducted, and the judges and clerks 
thereof shall be designated by said board of deputy state 
supervisors and inspectors of elections. The ballots shall 
contain the words ‘Tor detachment,” and “against de¬ 
tachment.” If a majority of the ballots cast at such elec¬ 
tion shall contain thereon the words “against detachment,” 
no further proceedings shall be had in relation thereto, 
but this shall not be a bar to other proceedings for the 
same purpose. If a majority of the votes cast have thereon 
the words “for detachment,” the result of such election. 


Petitions 
to submit 
question of 
detachment 
of territory. . 


When election 
shall be 
ordered. 


Form of bal¬ 
lot; certifi¬ 
cation of 
result to 
county 
recorder; 
transcript to 
secretary of 
state. 


2i8 


SPECIAL ELECTIONS — MUNICIPALITIES. 


When de¬ 
tachment 
complete. 


Apportion¬ 
ment of 
property 
funds and 
indebtedness. 


Additional 

method. 


Incorporation 
of territory 
surrounding 
summer re¬ 
sort; election; 
OOti??, 


detachment of territory. 

together with the original petition and plat and a transcript 
of all the proceedings of said board of deputy state super¬ 
visors and inspectors of elections in reference thereto shall 
be certified by said board and delivered to the county re¬ 
corder, who shall forthwith make a record of the petition, 
and plat, and transcript of all the proceedings of the board 
of deputy state supervisors and inspectors of elections, and 
the result of the election, in the public book of records, and 
preserve in his office the original papers - delivered to him 
by said board of deputy state supervisors and inspectors of 
elections, and certify thereon that the transcribed petition 
and map are properly recorded. When the recorder has 
so made such record, he shall certify and forward to the 
secretary of state, a transcript thereof. The detachment of 
said territory from said village, shall thereupon be com¬ 
plete, and, if said petition included a request that such ter¬ 
ritory be erected into a new township, said territory shall 
thereupon constitute and be a new township, under the 
name and style specified in said petition. All expense in¬ 
volved in the holding of said election, and in the filing, re¬ 
cording and transcribing of the records herein provided for, 
shall be defrayed by the petitioners, and said board of dep¬ 
uty state supervisors and inspectors of elections, and said 
county recorder may require the. payment thereof in ad¬ 
vance as a condition precedent to the taking by them, or 
either of them, of any step herein provided for. (io6 v. 

301.) 

Sec. 3577-2. When territory is so detached, an ap¬ 
portionment of the property, funds and indebtedness of 
said village, shall be made between said village and said 
detached territory unon the basis of the respective tax 
duplicates in said village after such detachment, and in 
said detached territory. All water pipes and sewers laid 
either in said village or in said detached territory, shall be 
considered as property within the meaning of that term, 
as herein used, in so far as said water pipes or sewers have 
been paid for out of the general funds of the village.' If 
the village authorities and the public authorities in control 
of said detached territory are unable to agree upon such 
apportionment, it shall he made by the probate court, upon 
application by either the authorities of the village or the 
authorities in control of the detached territory. (106 v. 
301.) 

Sec. 3577-3- The method of detachment herein pro¬ 
vided for shall be in addition to all other methods pro¬ 
vided by law. (106 V. 301.) 

INCORPORATION FOR POLICE PROTECTION. 

Section 3545. Any territory requiring police pro¬ 
tection and containing a population of not less than fifty 
persons and immediately surrounding a summer resort, 
park, lake or picnic ground, kept regularly for such outing 


Sf*ECiAL ELECTIONS — MUNICIPALITIES. 

BONDS TO CONSTRUCT ELECTRIC RAILWAYS. 

and pleasure, may incorporate by setting up notices of an 
election in three of the most public places in the territory 
proposed to be included in the corporation signed by five 
citizens and electors of the territory. Such notices shall 
be posted at least ten days before the election, stating 
time and place where the election shall be held, and shall 
contain an accurate description of the territory proposed 
to be taken into the corporation. (R. S. Sec. 1566a.) 

Section 3546. The election shall as far as practicable Conduct of 
be conducted in the manner prescribed for the election of 
township officers. The electors present shall choose three 
judges and two clerks from the electors present to act as 
judges and clerks of such election, and the ballot shall con¬ 
tain the words: “For incorporation” and “Against incor¬ 
poration.” If the majority of the ballots cast at such 
election contain the words “For incorporation,” it shall be 
deemed that the citizens of such designated territory have 
assented to such incorporation. If the majority of the bal¬ 
lots cast at such election contain the words “Against in¬ 
corporation,” it shall be deemed that the people of such 
designated territory have not assented to the incorporation 
thereof. All laws governing the creation and regulation 
of incorporated villages shall have full force and effect 
insofar as they are not inconsistent and do not conflict with 
the provisions of this chapter. (R. S. Sec. 1566a.) 


BONDS TO CONSTRUCT AND EQUIP ELECTRIC 
RAILWAYS AND'TERMINALS ON LEASED 
CANAL AND OTHER PROPERTY. 


Section 3697-1. For the purposes and in the manner 
and in the amounts hereinafter specified, when it deems 
necessary, the council of any municipal corporation which 
has leased from the state of Ohio any canal lands or prop¬ 
erty, by affirmative vote of not less than a majority of the 
members elected thereto, by ordinance may issue and sell 
bonds in such amounts and denominations, for such period 
of time at such rate of interest not exceeding six per cent, 
and in the manner as provided by law, to provide for the 
construction in, through, under, on or upon such canal lands, 
or part thereof, together with streets and lands outside of 
such canal lands, whether within or without the limits of 
such municipal corporation, of a union depot and terminals 
for interurban, suburban, street and other electric railways, 
or for the construction of interurban or suburban or street 
or rapid transit electric railways, or for any combination of 
two or more of such purposes. (103 v. 848.) 


Power to is¬ 
sue bonds to 
construct and 
equip electric 
railways and 
terminals on 
leased canal 
and other 
property. 


Section 3697-2. The aggregate amount of such bonds Limitation, 
or total indebtedness created under the authority of this act 
shall not be limited by the provisions of any act or statute 
of Ohio or law except by the limitation herein set forth, but 
such aggregate or total indebtedness shall not exceed two 


220 


Provisions 
shall not be 
made for 
issue of 
bonds until 
approved by 
electors at 
general or 
special 
election. 


Procedure 
when for 
passenger 
railroad 
station. 


SPECIAL ELECTIONS — MUNICIPALITIES. 

SALE OR LEASE OF LAND TO RAILWAY COMPANY. 

per cent of the total value of all property in such mu¬ 
nicipal corporation as listed and assessed for taxation. 
(103 V. 848.) . 

Section 3697-3. No ordinance providing for the is¬ 
suance of any of said bonds shall be passed until the ap¬ 
proval of the electors of the corporation is obtained at a 
general election or at a special election called by the city 
council for the purpose, and held not less than sixty (60) 
days after the passage of the following described resolution 
by council. When council deems it necessary to issue any 
of said bonds, it shall first by resolution, passed by an 
affirmative vote of not less than a majority of all the mem¬ 
bers elected thereto, declare it necessary to issue and sell 
such bonds and shall state in the resolution the purpose 
^nd amount of the proposed issue and the date upon 
which the question of issuing and selling such bonds shall 
be submitted to the electors of the corporation. Coun¬ 
cil shall then cause a copy of such resolution to be certi¬ 
fied to the deputy state supervisors of elections of the 
county in which the corporation is situated, or their 
successors, and said deputy state supervisors or their 
successors shall prepare the ballots and make the nec¬ 
essary arrangements for the submission of such question to 
the electors of such municipal corporation at the time fixed 
in the resolution. The election shall be held at the regular 
place or places of voting in the municipality and shall be 
conducted, canvassed and certified in like manner, except 
as otherwise provided by law as regular elections in the 
municipal corporation for the election of officers thereof. 
Thirty days’ notice of the election shall be given in one or 
more newspapers printed in the municipality once a week 
for four consecutive weeks prior thereto, stating the amount 
of bonds to be issued, and the purpose for which they are 
to be issued and the time and place of holding the election. 
If a majority of the voters voting at such election upon the 
question of issuing the bonds, vote in favor thereof, the 
bonds shall be issued. Those who vote in favor of the prop¬ 
osition shall have written or printed on their ballots “for 
the issue of bonds,” and those who vote against it shall have 
written or printed on their ballots “against the issue of 
bonds.” The maximum indebtedness which may be created 
under the provisions of this act shall not exceed the aggre¬ 
gate amounts specified in such resolutions and thus sub¬ 
mitted to the electors. (103 v. 848.) 

SALE OR LEASE OE LAND TO RAILWAY 
COMPANY. 

Section 3700. When a municipal corporation owns 
real estate suitable for the location of a passenger railroad 
station, and council by ordinance declares that it is neces¬ 
sary that sucE land be devoted to such use, the municipality 
may sell, lease, or exchange such land to such railroad or 


SPECIAL ELECTIONS — MUNICIPALITIES. 
GRANT* OF FRANCHISES. 




railroads for such purpose in the manner provided in the 
next section. (98 v. 165 § 24.) 

Section 3701. An ordinance authorizing the mayor 
of the municipality to deed or lease the land shall be passed. 
In the ordinance council shall fix by metes and bounds the 
amount of land to be sold, leased or exchanged, the quan¬ 
tity of interest sold, leased or exchanged, and the considera¬ 
tion to be paid or exchanged therefor by such railroad or 
railroads, and in the ordinance shall call thereon a special 
election, to be held upon a day fix^d by such ordinance, not 
less than thirty days from the passage thereof, (98 v. 165 

§ 24.) 

Section 3702. A majority of all the votes cast on 
such proposition shall be necessary to its ratification. When 
so ratified, the ordinance shall be effective, and the mayor 
shall proceed to execute a deed of conveyance or lease of 
the property as therein provided. In holding such special 
election, the provisions of law for submission of the ques¬ 
tion of issuing bonds in excess of four per cent of the 
taxable property of the municipality, shall apply. (98 v. 
165 § 24 -) 

■ GRANT OF FRANCHISES. 

Section 3772. If, within thirty days after the passage 
of an ordinance granting a franchise, extension or renewal 
thereof, to a street railroad, there is presented to the coun¬ 
cil or filed with its clerk a written petition signed by fifteen 
per cent of the qualified electors of such municipality, to be 
determined by the highest number of votes cast for the 
mayor of the municipality at the last preceding municipal 
election, requesting such ordinance to be submitted to a 
vote of the electors thereof, the ordinance shall not become 
operative until it has been so submitted and has received a 
majority of the votes cast thereon. (99 v. 104 § 30a.) 

Section 3773. The council by resolution shall pro¬ 
vide that such vote be taken at a special election or at the 
next municipal election, and shall cause a copy of such reso¬ 
lution to be certified to the board of deputy state super¬ 
visors of the county in which such municipal corporation is 
situated, which board shall thereupon prepare the ballots 
and make all other necessary arrangements for the submis¬ 
sion of such question at the time fixed in the resolution. 
Such election shall be held at the regular place or place's of 
voting in such municipality and shall be conducted, can¬ 
vassed and certified in the same manner as the election of 
officers thereof. (99 v. 104 § 30-a.) 

Section 3774. Thirty days’ notice of such submission 
shall be given by the mayor of the municipality in two news¬ 
papers of opposite politics printed therein, once a week for 
four consecutive weeks, stating the object and purpose, and 
the time and place of holding such election. Those voting 
in favor of the proposition shall have written or printed on 
their ballots the words “For the franchise,” and those 


What ordi¬ 
nance shall 
contain; 
election. 


How such 
election con¬ 
ducted. 


When fran¬ 
chise shall be 
submitted to 
vote. 


How the elec¬ 
tion shall be 
conducted. 


Notice of the 
election; 
form of 
ballot. 


222 


SPECIAL ELECTIONS — MUNICIPALITIES. 


Company to 
notify au¬ 
thorities of 
acceptance or 
rejection of 
grant. 


Submission 
of grant to 
electors. 


Bonds for im¬ 
proving nat¬ 
ural gas 
works. 


ELEVATED RAILROADS — BONDS FOR GAS WORKS. 

voting against it shall have written or printed on their 
ballots the words “Against the franchise.” (99 v. 104 § 
30-a.) 

ELEVATED RAILROADS. 

Section 9148. Every railroad, street railroad com¬ 
pany, suburban railroad company or interurban railroad 
company, to whom a grant has been made as above pro¬ 
vided shall notify in writing the authorities making the 
grant of its rejection or acceptance of the grant at a time 
fixed by them at the time of making the grant. If after a 
grant has been made as above provided, and accepted by 
any railroad, street railroad company, suburban railroad 
company or interurban railroad company, within sixty days 
after such acceptance there is filed with the mayor of the 
city making the grant a petition protesting against it and 
signed by such a number of the electors of the city qualified 
to vote at the last preceding general election, as equals ten 
per cent of the number of votes cast for mayor at the last 
preceding election for mayor, he shall certify such fact to 
the proper election officials. (R. S. Sec. 3283d.) 

Section 9149. The officials in charge of such general 
election, in accordance with the statutes relating to elections, 
shall arrange, provide for and conduct the submission of 
such question to such electors. The question whether the 
grant shall be made shall be submitted to the electors of 
such city at the next succeeding general election occurring 
more than thirty days after the expiration of such sixty 
days. The ballots at such election if the grant be for the 
construction of elevated tracks shall read “Elevated Rail¬ 
road Grant — Yes”. “Elevated Railroad Grant — No”. 
If the grant be for the construction of underground tracks 
they shall read “Underground Railroad Grant — Yes”. 
“Underground Railroad Grant — No”. If the grant be for 
the construction of partly elevated and partly underground 
tracks, they shall read “Elevated and Underground Rail¬ 
road Grant — Yes”, “Elevated and Underground Railroad 
Grant — No”. If at such election a majority of the votes 
cast on such question be against such grant, it shall be in¬ 
effective and void. (R. S. Sec. 3283d.) 

BONDS EOR GAS WORKS. 

Section 3933. The council of a municipal corpora¬ 
tion may issue and sell bonds in the manner provided by 
law, at a rate of interest not to exceed six per cent, when 
such council by an affirmative vote of not less than two- 
thirds of the members elected or appointed thereto by 
resolution or ordinance, deems it necessary for the purpose 
of extending, enlarging, improving, repairing or securing 
a more complete enjoyment of any natural gas works owned 
by such corporation. (95 v. 478 § i.) 


SPECIAL ELECTIONS- MUNICIPALITIES. 

BONDS FOR GAS WORKS. 


^23 


Section 3934. Before such bonds are issued, the ques¬ 
tion of issuing them shall be submitted to the voters of 
the municipal corporation at a general or special election, 
when the council thereof, by resolution or ordinance, passed 
by an affirmative vote of not less than two-thirds of all the 
members elected or appointed thereto, declares it necessary 
to issue and sell bonds for any of such purposes. It shall 
fix by such resolution or ordinance the date upon which 
the question shall be so submitted and shall cause a copy 
of such resolution or ordinance to be certified to the deputy 
state supervisors of the county in which such municipal 
corporation is situated. (97 v. 237 § 2.) 

Section 3935. Thereupon the deputy state super¬ 
visors shall prepare the ballots and make other necessary 
arrangements for the submission of the question to the elec¬ 
tors of the municipal corporation at the time fixed in 
such resolution or ordinance. The election shall be held 
at the regular place or places of voting in the municipal 
corporation, and shall be conducted, canvassed and certified 
in the same manner, except as otherwise provided by law, 
as for the election of municipal officers. (97 v. 237 § 2.) 

Section 3936. When a special election for such pur¬ 
pose is held in a municipal corporation divided into wards, 
there may be but one voting place in each ward, which 
shall be designated by the deputy state supervisors of 
elections, and the notice hereinafter provided for shall 
designate the voting places in each ward. In cities in 
which reigstration is required, if but one voting place is 
designated in each ward, certificates of removal shall not 
be necessary, except where transfers are required from 
one ward to another, and the board of deputy state super¬ 
visors of the county shall issue removal certificates. 
(97 V. 237 § 2.) 

Section 3937. Fifteen days’ notice of the submission 
shall be given in one or more newspapers printed in the 
municipal corporation once a week for two consecutive 
weeks, stating the amount of bonds to be issued, the pur¬ 
pose for which they are to be issued, and the time and 
place of holding the election. If no newspaper is printed 
therein, the notice shall be posted in a conspicuous place 
and published once a week for two consecutive weeks in a 
newspaper of general circulation therein. (97 v. 237 § 2.) 

Section 3938. If two-thirds of the voters voting at 
such election upon the question of issuing the bonds, vote 
in favor thereof, then, and not otherwise, the bonds shall 
be issued, and a tax may be levied for the purpose of pay¬ 
ing the interest and principal upon such bonds. Those 
who vote in favor of the proposition shall have written or 
printed on their ballots, ‘Tor the issue of bonds”; those 
who vote against it shall have written or printed on their 
ballots the words, “Against the issu^ of bonds.” (97 v. 

237 § 2.) 


Puestion of 
issue to be 
submitted to 
vote. 


Conduct of 
the election. 


Voting pre¬ 
cincts; trans¬ 
fers. 


Notice of 
the election. 


Result of 
election: 
form of 
ballot. 


224 


SPECIAL ELECTIONS — MUNICIPALITIES. 


Deficiency 

bonds; 

Imitation. 


V^ote for ad¬ 
ditional bonds. 


Action of 

council 

recessary. 


Duty of 
deputy state 
supervisors. 


Election. 


Notice. 


DEFICIENCY BONDS. 

Section 3931. Council may issue deficiency bonds in 
such amount and denominations, for such periods of time, 
not to exceed fifty years and at such rate of interest not 
to exceed six per cent as it deems best when in the opin¬ 
ion of council it is necessary to supply a deficiency in the 
revenues of the corporation. The total amount of de¬ 
ficiency bonds issued by a corporation, outstanding at any 
time, shall not exceed one per cent of 'the total value 
of all property in the corporation as listed and assessed for 
taxation. The issuance of such bonds shall be approved by 
the votes of two-thirds of all the members elected tO' coun¬ 
cil, and approved by the votes of two-thirds of all the 
electors of the corporation voting upon such question at a 
regular or special election to be provided for by council. 
(96 V. 53 § 99.) 

BOND ISSUE. 

Section 3942. In addition to the authority granted in 
section one (i) of this act and supplementary thereto, the 
council of a municipal corporation, whenever it deems it 
necessary, may issue and sell bonds in such amounts, or 
denominations, and for such period of time and rate of in¬ 
terest not exceeding six per cent per annum, as it may de¬ 
termine upon for any of the purposes set forth in said sec¬ 
tion one, upon obtaining the approval of the electors of the 
corporation at a general or special election in the following 
manner. (102 v. 264.) 

Section 3943. The council, by resolution passed by an 
affirmative vote of not less than two-thirds of all the mem¬ 
bers elected or appointed thereto, shall declare it necessary 
to issue and sell bonds of the corporation. Such resolution 
shall state the purpose and amount of said issue, and shall 
fix a date upon which the question of issuing and selling 
such bonds shall be submitted to the electors of the corpora¬ 
tion. Council shall then cause a copy of such resolution 
to be certified to the deputy state supervisors of the county 
in which the corporation is situated. (102 v. 264.) 

Section 3944. The deputy state supervisors shall pre¬ 
pare the ballots and make the necessary arrangements for 
the submission of such question to the electors of such 
municipal corporation at the time fixed in the resolution. 
(102 V. 264.) 

Section 3945. The election shall be held at the regular 
place or places of voting in the municipality, and be con¬ 
ducted, canvassed and certified in like manner, except as 
otherwise provided by law, as regular elections in the 
municipal corporation for the election of officers thereof. 
(102 V. 264.) 

Section 3946. Thirty days’ notice of the election shall 
be gWen in one or more newspapers printed in the mu¬ 
nicipality once a week for four consecutive weeks prior 
thereto, stating the amount of bonds to be issued, and the 


SPECIAL ELECTIONS-MUNICIPALITIES. ' 225 

rapid transit commissioners. 

purpose for which they are to be issued, and the time and 
place of holding the election. If no newspaper is printed 
therein, the notice shall be posted in a conspicuous place 
and published once a week for four consecutive weeks in a 
newspaper of general circulation in the township or mu¬ 
nicipal corporation. (102 v. 264.) 

Sectwn 3947. If two-thirds of the voters voting at Two-thirds 
such election upon the question of issuing the bonds vote in required, 
favor thereof, the bonds shall be issued. Those who' vote 
in favor of the proposition shall have written or printed on 
their ballots, “For the issue of bonds”; and those who vote 
against it shall have written or printed on their ballots, 

“Against the issue of bonds.” (102 v. 264.) 

RAPID TRANSIT COMMISSIONERS. 

Section 4000-22. When the board of rapid transit issue of 
commissioners deems it necessary to issue bonds secured by cedure;^*^” 
the general credit of the municipality or to levy a tax for election, 
the purpose of carrying into effect the powers herein con¬ 
ferred the board shall, by written resolution, so declare its 
judgment and state therein the amount of bonds to be is¬ 
sued or the tax to be levied for such purposes and transmit 
the resolution to the city council, which may authorize the 
issuance of such* bonds or levy a tax for the aforesaid pur¬ 
poses. Provided, however, that the total aggregate amount 
of bonds issued without being first submitted to a vote of 
the people shall not exceed one hundred and fifty thousand 
dollars. If the council fails tO' enact legislation for the issu¬ 
ance of bonds at its next regular or special meeting after 
the resolution has been received by the clerk of council, it 
shall then be the duty of council at its next regular or 
special meeting by ordinance to submit the question of the 
issuance of the bonds to a vote of the qualified electors of 
the municipality and the clerk of council shall file the ordi¬ 
nance with the board of deputy state supervisors of elec¬ 
tions of the county; said board of deputy state supervisors 
shall then submit the question of the issuance of such bonds 
to the qualified electors of the city at either a special or a 
general election, as the ordinance may specify. Thirty 
days’ notice of the election shall be given in one or more 
newspapers printed in the municipality once a week for 
four consecutive weeks prior thereto, stating the amount 
of bonds to be issued and the purpose for which they are 
to be issued, and the time of holding the election. If a 
majority of the voters voting at such election upon the 
question of issuing the bonds vote in favor thereof it shall 
then become the dutv of the council of the city to enact 
within ninety days thereafter all legislation necessary to 
carry into effect the will of the majority of the voters 
voting at such election and bonds shall be issued from time 
to time as they may be needed. (106 v. 289.) 

15 E. L. 


226 


SPECIAL ELECTIONS- MUNICIPALITIES. 


Power to 
lease depots, 
terminals, 
etc.; submis¬ 
sion of 
question. 


Board of 
park com¬ 
missioners; 
election. 


Appointment, 
term, com¬ 
pensation, 
vacancy. 


PARK COMMISSION. 

Section 4000-27. Said board of rapid transit commis¬ 
sioners may grant to any corporation organized for street 
railway or interurban railroad purposes the right to operate 
by lease or otherwise such depots, terminals and railways 
upon isuch terms and conditions as said board shall be au¬ 
thorized by ordinance to agree upon with such corporation, 
subject to the approval of a majority of the electors of the 
municipal corporation voting thereon. Said board shall cer¬ 
tify said lease or agreement to the board of deputy state 
supervisors of election of the county, and said board of 
deputy state supervisors shall then submit the question of 
the approval of said lease or agreement to the qualified 
electors of the city at either a special or general election as 
the ordinance may specify. Thirty days’ notice of the elec¬ 
tion shall be given in one or more of the newspapers printed 
in the municipality once a week for four consecutive weeks 
prior to the time of holding said election as heretofore 
specified, setting forth the terms of said lease or agreement 
and the time of holding the election. On the approval by a 
majority of the voters voting at such election said corpora¬ 
tion is invested with the power to operate such depots, ter¬ 
minals and railways as provided in said lease or agreement, 
and corporations organized under the laws of Ohio for 
street railway or interurban railroad purposes are hereby 
invested with power to lease and operate such depots, ter¬ 
minals and railways. (106 v. 289.) 

PARK COMMISSION. 

Section 4053. When five per cent of the qualified 
electors of a city petition the board of deputy state super¬ 
visors of elections of the county for the privilege of de¬ 
termining by ballot where there shall be a board of park 
commissioners, with the powers hereinafter provided for, 
such board shall submit at the next general election held 
within such city, or at a special eletcion, if the petition 
requests a special election the questions presented in the 
petition, to the electors of the municipality. Such special 
election shall be held at the usual place or places for hold¬ 
ing municipal elections and shall be governed by the same 
rules, regulations and laws as govern the holding of muni¬ 
cipal elections. (99 v. 440 §1.) 

Section 4054. If a majority of the electors voting at 
such election on the question vote in favor of the appoint¬ 
ment of a board of park commissioners, the mayor shall 
immediately appoint three electors of the city as members 
of such board, to be known as the board of park commis¬ 
sioners. Such members shall be appointed for terms of 
one, two and Rree years, respectively, and their succes¬ 
sors shall be aopointed for terms of three years. In case 
of the death or resignation of a member of such board, the 
mayor shall immediatelv appoint a successor to fill the 
vacancy for the unexpired term. The members of the 


SPECIAL ELECTIONS— MUNICIPALITIES. 
hearse or vault. 


227 


board shall serve without compensation. The mayor may 
remove, with the consent of the city council, a majority of 
the members elected thereto concurring, any member of 
such board for incompetency or official misconduct. (99 v. 

441 § 2.) 

Section 4064. When the board of park commis¬ 
sioners deems it necessary to issue bonds or to levy a tax 
for the purpose of carrying into effect the powers herein 
conferred, the board shall by written resolution so declare 
its judgment and state therein the amount of bonds to be 
issued or the tax to be levied for such purposes and trans¬ 
mit the resolution to the city council. If the council fails 
to enact legislation for the issuance of such bonds or the 
levying of such tax, within ninety days after the time the 
resolution was received by the council, the question of the 
issuance of the bonds or the levy of the tax shall be sub¬ 
mitted to a vote of the qualified electors of the city, and 
the board of park commissioners shall file the resolution 
and request with the board of deputy state supervisors of 
elections of the county. Such board of deputy state super¬ 
visors shall then submit the question of the issuance of such 
bonds or the levying of such tax, or both, to the qualified 
voters of the city, at either a special or general election as 
the resolution and request may specify, to be held in the 
manner provided by law for voting on the question of the 
issue of bonds in excess of the limit fixed by law, except 
as otherwise provided herein. (99 v. 442 § 6.) 

Section 4065. If a majority of the electors voting 
on such question vote in favor thereof, it shall become the 
duty of the council of the city to enact, within ninety days 
thereafter, all legislation necessary to carry into effect the 
will of the majority of the voters at such election. (99 v. 

442 § 6.) 

HEARSE OR VAULT. 

Section 4180. The council of a village may levy a 
tax in such amount as it determines, either to purchase a 
hearse or to construct a vault for the dead, for the use 
of the village. The question of levying such tax, for either 
or both purposes, and the amount asked therefor, shall be 
separately submitted to the electors of the corporation, at a 
general election, twenty days’ notice thereof having been 
previously given, by posting in at least three public places 
in the village. The notice shall state specifically the amount 
to be raised, and for what purpose. If a majority of all 
the votes cast at the election is in favor of either or both 
propositions, they shall be considered adopted, and the tax 
herein provided for authorized. The hearse and vault shall 
be under the control of the trustees of cemeteries of the 
village, where there is such board, otherwise under the 
control of the council or person appointed by it. (R. S. 
Sec. 2556.) 


Bond issue; 
vote for. 


Duty of 
council after 
vote is 
taken. 


Villages may 
tax for 
hearse or 
vault on 
vote of 
electors. 


228 


Form of 
ballot. 


Initiative and 
referendum in 
municipalities. 


Initiative 

petition. 


Measure so 
passed not 
subj ect to 
veto. 


When ordi¬ 
nances shall 
take effect. 


Referendum 

petition. 


SPECIAL ELECTIONS — MUNICIPALITIES. 

INITIATIVE AND REFERENDUM. 

Section 4181. The electors voting at such election 
shall have placed on their ballots the words, ‘‘Tax for 
Hearse — Yes”, or “Tax for Hearse — No”, and upon the 
same ballot, “Tax for Vault — Yes”, or “Tax for Vault — 
No”, and may vote for one proposition and against the 
other, or for or against both. (R. S. Sec. 2557.) 

INITIATIVE AND REFERENDUM. 

Section 4227-1. Ordinances and other measures 
providing for the exercise of any and all powers of gov¬ 
ernment granted by the constitution or now delegated or 
hereafter delegated to any municipal corporation, by the 
general assembly, may be proposed by initiative petition. 
Such initiative petition must contain the signatures of not 
less than ten percentum of the electors of such municipal 
corporation. 

When there shall have been filed with the city auditor 
if it be a city, or village clerk if it be a village, a petition 
signed by the aforesaid required number of electors pro¬ 
posing an ordinance or other measure, said city auditor or 
village clerk shall, after ten days, certify the petition to the 
board.of deputy state supervisors of elections of the county 
wherein such municipality is located. Said board shall sub-. 
mit such proposed ordinance or measure for the approval 
or rejection of the electors of such municipal corporation 
at the next succeeding regular or general election, in any 
year, occurring subsequent to forty days after the filing of 
such initiative petition. No ordinance or other measure 
proposed by initiative petition and approved by a majority 
of the electors voting upon-the same in such municipal 
corporation shall be subject to the veto of the mayor. (104 
V. 238.) 

Section 4227-2. Any ordinance, or other measure 
passed by the council of any municipal corporation shall be 
subject to the referendum except as hereinafter provided. 
No ordinance or other measure shall go into effect until 
thirty days after it shall have been filed with the mayor of 
a city or passed by the council in a village, except as here¬ 
inafter provided. 

When a petition signed by ten per cent of the electors 
of any municipal corporation shall have been filed with the 
city auditor or village clerk in such municipal corporation, 
within thirty days after any ordinance, or other measure 
shall have been filed with the mayor, or passed by the coun¬ 
cil of a village, ordering that such ordinance or measure 
be submitted to the electors of such municipal corporation 
for their approval or rejection, such city auditor or village 
clerk shall, after ten days, certify the petition to the board 
of depntv supervisors of elections of the county wherein 
such municipality is situated and said board shall cause to 
be submitted to the electors- of such municipal corporation 
for their approval or rejection, such ordinance, or measure 


SPECIAL ELECTIONS— MUNICIPALITIES. 
INITIATIVE AND REFERENDUM. 


229 


at the next succeeding regular or general election, in any 
year occurring subsequent to forty days after the filing of 
such petition. 

No such ordinance or measure shall go into effect un¬ 
til approved by the majority of those voting upon the same. 
Nothing in this act shall prevent a municipality after the 
passage of any ordinance, or other measure from proceed¬ 
ing at once, to give any notice, or make any publication, re¬ 
quired by such ordinance or other measure. (104 v. 239.) 

Section 4227-3. Whenever the council of any munic¬ 
ipal corporation is by law required to pass more than one 
ordinance or other measure to complete the legislation nec¬ 
essary to make and pay for any public improvement, the 
provisions of this act shall apply only to the first ordinance 
or other measure required to be passed and not to any sub¬ 
sequent ordinances and other measures relating thereto. 
Ordinances or other measures providing for appropriations 
for the current expenses of any municipal corporation, or 
for street improvements petitioned for by the owners of a 
majority of the feet front of the property benefited and 
to be especially assessed for the cost thereof as provided 
by statute, and emergency ordinances or measures neces¬ 
sary for the immediate preservation of the public peace, 
health or safety in such municipal corporation, shall go 
into immediate effect. Such emergency ordinances or meas¬ 
ures must, upon a yea and nay vote, receive the vote of 
two-thirds of all the members elected to^ the council or 
other body corresponding to the council of such municipal 
corporation, and the reasons for such necessity shall be set 
forth in one section of the ordinance or other measure. The 
provisions of this act shall apply to pending legislation 
providing for any public improvement. (103 v. 212.) 

Section 4227-4. Any initiative or referendum petition 
may be presented in separate parts but each part of any 
initiative petition shall contain a full and correct copy of 
the title and text of the proposed ordinance or other meas¬ 
ure and each part of any referendum petition shall con¬ 
tain the number and a full and correct copy of the title 
of the ordinance or other measure sought to be referred. 
Each signer of any such initiative or referendum petition 
must be an elector of the municipal corporation in which 
the election, upon the ordinance or measure proposed by 
such initiative petition or the ordinance or measure re¬ 
ferred by such referendum petition, is to be held, and shall 
place on such petition, after his name, the date of signing, 
his place of residence including street and number, if any, 
and the ward and precinct. Each part of such petition shall 
contain the affidavit of the person soliciting the signatures 
to the same, which affidavits, shall contain a statement of the 
number of signers of such part of such petition and shall 
state that to the best of his knowledge and belief each of the 
signatures contained on such part is the genuine signature 


To what ordi¬ 
nance or 
measure act 
applies. 


Petitions may 
be presented 
in separate 
parts; sign¬ 
ing affidavit. 


230 


SPECIAL ELECTIONS- MUNICIPALITIES. 


Ordinance not 
void because 
of insuffi¬ 
ciency of 
petition. 


IIow number 
of petitioners 
determined. 


When ordi¬ 
nance or 
measure sub¬ 
mitted at 
special 
election. 


Copy of pro¬ 
posed ordi¬ 
nance or 
measure filed 
with auditor 
or clerk. 


Words which 
shall be 
I)rinted in 
red. 


Designating 
committee as 
filing 
j)etition. 


NOTICE. 

of the person whose name it purports to be, and believes 
that such persons are electors of the municipal corporation 
and that they signed such petition with knowledge of the 
contents thereof. 

The petitions and signatures upon such petitions shall 
be prima facie presumed to be in all respects sufficient. No 
ordinance or other measure submitted to the electors of any 
municipal corporation and receiving an affirmative ma¬ 
jority of the votes cast thereon, shall be held ineffective or 
void on account of the insufficiency of the petitions by 
which such submission of the same shall have been pro¬ 
cured, nor shall the rejection by a majority of the votes 
cast thereon, of any ordinance or other measure, submitted 
to the electors of such municipal corporation, be held in¬ 
valid for such insufficiency. The basis upon which the 
required number of petitioners in any case shall be deter¬ 
mined shall be the total number of votes cast for the office 
of mayor at the last preceding election therefor. (103 v. 
212.) 

Section 4227-5. Whenever twenty per cent of the 
electors of any municipality file a petition with the city au¬ 
ditor if it be a city, or village clerk, if it be a village, pro¬ 
posing or against an ordinance or other measure, requesting 
in the petition that the ordinance or measure be submitted to 
the electors of the municipality at a special election, the au¬ 
ditor or village clerk, after ten days, shall certify the same 
to the board of deputy state supervisors of elections who 
shall submit the same at a special election to be held on the 
fifth Tuesday after the petition is filed. The petition shall 
not be submitted at a special election if a regular or general 
election will occur not later than ninety days after the peti¬ 
tion is filed but shall be submitted at the regular or general 
election. (104 v. 239.) 

Section 4227-6. Whoever seeks to propose an or¬ 
dinance or measure in a municipality by initiative petition 
or file a referendum petition against any ordinance or meas¬ 
ure shall before circulating such petition file a duly verified 
copy of the proposed ordinance or measure with the city 
auditor, if it be a city, or with the village clerk, if it be a 
village. (104 V. 240.) 

Section 4227-7. At the top of each part of the peti¬ 
tion the following words shall be printed in red: 

NOTICE. 

Whoever knowingly signs this petition more than once, 
signs a name other than his own, or signs when not a legal 
voter is liable to prosecution. (104 v. 240.) 

Section 4227-8. The petitioners may designate in any 
initiative or referendum petition a committee of not less 
than three of their number, who shall be regarded as filing 
the petition. After a petition has been filed with the city 
auditor or village clerk it shall be kept open for public in- 


SPECIAL ELECTIONS- MUNICIPALITIES. 

NOTICE. 


231 


spection for ten days. If, after a petition proposing an 
ordinance or other measure has been duly filed with the city 
auditor or village clerk as the case may be, the proposed 
ordinance or other measure, or a substitute for the pro¬ 
posed ordinance or measure approved by the committee 
herein mentioned, is passed by the legislative body of the 
municipality, the majority of the committee shall notify the 
board of deputy state supervisors of elections in writing and 
such proposed ordinance or measure shall not be submitted 
to a vote of the electors. 

If, after a duly verified referendum petition has been 
fded against any ordinance or measure, the legislative body 
of the municipality repeals such ordinance or measure, or 
such ordinance or measure is held to be invalid, the board 
of elections shall not submit such ordinance or measure to 
a vote of the electors. (104 v. 240.) 

Section 4227-9 (i) The circulator of an initiative 
and referendum petition, or his agent, shall within five days 
after such petition is filed with the city auditor or village 
clefk, file a sworn itemized statement showing in detail: 

(a) All moneys or things of value paid, given or 
promised for circulating such petition. 

(b) Full names and addresses of all persons to whom 
such payments or promises were made. 

(c) Full names and addresses of all persons who con¬ 
tributed anything of value to be used in circulating such 
petitions. 

(d) Time spent and salaries earned while circulating 
or soliciting signatures to petitions by persons who were 
regular salaried employes of some person and whom said 
employer authorized to solicit signatures for or circulate 
said petition as a part of their regular duties. 

(2) The statement provided for in this section shall 
not be required from persons who take no other part in cir¬ 
culating a petition than making affidavits to parts of the 
petition and soliciting signatures to the same. 

(3) Such statement shall be open to public inspection 
for a period of one year, (104 v. 240.) 

Section 4227-10. Whoever directly or indirectly: 

(1) Wilfully misrepresents the contents of any initia¬ 
tive or referendum petition; or 

(2) Pays or offers to pay any elector anything of 
value for signing an initiative or referendum petition; or 

(3) Promises to help another to obtain appointment 
to any office provided for by the constitution or laws of 
Ohio or by the ordinances of any municipality,, position or 
employment in the services of the state or any political sub¬ 
division thereof as a consideration for obtaining signatures 
to an initiative or referendum petition; or 

(4) . Obtains signatures to any initiative or referen¬ 
dum petition as a consideration for the assistance or prom¬ 
ise of assistance of another person in securing an appoint- 


When ordi¬ 
nance or 
measure shall 
not be 
submitted. 


Sworn item¬ 
ized state¬ 
ment by 
circulator. 


Practices 
prohibited 
relative to 
i: & R. 
petitions. 


232 


SPECIAL ELECTIONS- MUNICIPALITIES. 

SANITARY PLANT. 


Provisions 
don’t apply 
to munici¬ 
pality adopt¬ 
ing charter. 


nient to any office or position provided for by the constitu¬ 
tion or laws of Ohio or by the ordinance of any municipality 
therein; or employment in the service of the state or any 
subdivision thereof; or 

(5) Alters or adds to or erases any signatures or 
names, on the parts of a petition after such parts have been 
filed with the auditor or village clerk; or 

(6) Fails to file the sworn itemized statement re¬ 
quired in section 4227-9 of the General Code, shall upon 
conviction be fined not less than one hundred dollars nor 
more than five hundred dollars. (106 v. 443.) 

Section 4227-11. (i) Whoever knowingly signs an 

initiative or referendum petition more than once, signs a 
name other than his own, or signs when not a legal voter, 
shall, upon conviction be fined not more than one hundred 
dollars. 

(2) Whoever accepts anything of value for signing 
an initiative or .referendum petition shall upon conviction 
be fined not to exceed twenty-five dollars. 

(3) Whoever sells, purchases, steals, attempts to steal, 
or wilfully destroys or mutilates an initiative or referendum 
petition which is being or has been lawfully circulated shall 
upon conviction be fined not more than five hundred dollars 
or imprisoned in the penitentiary for not more than five 
years. 

(4) Whoever directly or indirectly, by intimidation or 
threats, influences or seeks to influence any person to sign 
or abstain from signing, or to solicit signatures to or ab¬ 
stain from soliciting signatures to an initiative or referen¬ 
dum petition shall, upon convitcion, be fined not more than 
one hundred dollars. (104 v. 241.) 

Section 4227-12. The provisions of sections 4227-1 
to 4227-13 inclusive shall not apply to any municipality that 
has or may hereafter adopt its own charter which contains 
an initiative and referendum provision for its own ordi¬ 
nances and other legislative measures. (104 v. 241.) 

Section 4227-13. Corrupt practices as defined in this 
act shall be punished as provided in section 13323-1 of the 
General Code. (For penalty see page 271.) 


SANITARY PLANT. 


Term “sani¬ 
tary plant” 
defined. 


Municipality 
may obtain 
plans and real 
estate for 
sanitary plant. 


Section 4467. The term ‘‘sanitary plant”, as used 
herein, shall mean a structure with necessary land, neces¬ 
sary fixtures, appliances and appurtenances required for the 
treatment, purification and disposal in a sanitary manner of 
either or both the liquid or solid wastes of the municipality. 
(R. S. Sec. 2143.) 

Section 4468. Upon the recommendation of the 
board of health of a municipality, or, if the powers of such 
board have been vested in any other officer or board, upon 
the recommendation of such officer or board, the council 
may cause plans and estimates to be prepared and acquire 


SPECIAL ELECTIONS— MUNICIPALITIES. 
COUNCIL OF CINCINNATI. 


233 


by condemnation or otherwise such land or lands within or 
without the corporate limits as are necessary to provide for 
the proper disposal in a sanitary manner of the sewage, 
garbage and waste matters, and either or any of them, of 
the municipality. (R. S. Sec. 2143.) 

Section 4469. Upon obtaining the approval of the 
state board of health, the council may conrtact for, erect 
and maintain sanitary plant or plants on the lands so 
acquired with all necessary buildings, machinery, appli¬ 
ances and appurtenances for the treatment, purification and 
disposal in a sanitary and economic manner of the sewage 
or garbage, nightsoil, dead animals, offal, spoiled meats and 
fish or other putrid substances or any liquid or solid wastes 
or any substance injurious to the health of the municipality. 
(R. S. Sec. 2143.) 

Section 4470. The council may contract for a period 
of not to exceed five years for the collection and removal of 
of such garbage, nightsoil, dead animals, and other solid 
waste substances at the expense of the municipality or at 
the expense of persons responsible for the existence of 
such waste substances. (R. S. Sec. 2144.) ■ 

Section 4471. For such purpose the council may use 
any funds raised and necessary therefor, and, in case no 
funds are available and no bonds have been authorized for 
such purposes and it becomes necessary to issue and sell 
bonds for such purposes, the question of issuing bonds of 
a municipality shall be submitted at an election therefor, 
conducted in the same manner as in case of the issue of 
other bonds of the municipality in excess of the legal limit. 
A majority of votes cast shall be sufficient to authorize the 
municipality to issue bonds under this section. The council 
shall not issue such bonds unless a majority of the qualified 
electors of the municipality voting are in favor thereof. 
(R. S. Sec. 2145.) 

COUNCIL OF CITY OF CINCINNATI. 

Section 14821-1. That the council of the city of Cin¬ 
cinnati shall be composed of ten members and a president 
thereof, all elected at large at the regular municipal election 
in the year 1913, and at each regular municipal election 
thereafter. That said council shall have all the powers 
and perform all the duties and be subject to all the 
])rovisions now provided by law for councils of cities, 
not inconsistent herewith, and shall be a continuance of the 
present council, with power to act upon unfinished business. 
The president shall be vice-mayor of said city, and shall be 
entitled to vote on all matters. Each member and the 
president shall receive a salary of three thousand five hun¬ 
dred ($3,500.00) dollars per annum, and the president 
shall receive in addition thereto compensation at the rate 
of six hundred ($600.00) dollars per month for such time 
as he shall be called upon to serve in place of the mayor. 


Approval of 
state board of 
health neces¬ 
sary. 


Council may 
contract for 
removal of 
waste sub¬ 
stances; ex¬ 
pense thereof. 


How funds 
raised for 
such pur¬ 
poses. 


Council of the 
city of Cin¬ 
cinnati; 
powers and 
duties and 
salaries of 
members. 


34 


Ceographical 

districts. 


S' bmission of 
(luestion of 
change of 
council. 


Form of 
ballot. 


Notice of 
election not 
required. 


Establishment 
of criminal 
court in the 
city of Lo¬ 
rain; juris¬ 
diction. 


Qualification, 
election and 
term of 
judge. 


SPECIAL ELECTIONS — MUNICIPALlTlESi. 

CRIMINAL COURT OF LORAIN. 

The members shall devote their entire time to the du¬ 
ties of their office so far as may be required for the full and 
complete investigation and determination of all matters 
that come before it. (103 v. 205.) 

Section 14821-2. Immediately upon its organization 
the council of the city of Cincinnati shall subdivide said city 
into ten geographical districts and shall assign one niember 
as representative committeeman for each of such districts 
(103 V. 205.) , 

Section 14821-3. There shall be a special election in 
the city of Cincinnati on the thirtieth day of July, A. D., 
1913, at which time there shall be submitted to the electors 
of Cincinnati, the question of changing the council of such 
city as provided in this act. Such special election shall be 
held in the regular voting places and shall be conducte:! in 
accordance with the general election laws of the state. 
Council shall appropriate whatever money may be necessary 
for the proper conduct of such election. The board of 
deputy state supervisors and inspectors of election of Ham¬ 
ilton county shall cause to be printed on the ballots the 
following question: 

“Shall Cincinnati adopt the small council?” 

Then shall be printed the following proposition in the 
order set forth: 

“For the adoption of the small council plan.” 

“Against the adoution of the small council plan.” 

Immediately to the left of each proposition shall be 
placed a square in which the electors by makin?: a cross 
(X) mark may vote for or against such proposition. 

If approved by a majority of the electors voting 
thereon there shall be a council and president thereof as 
provided in this act. No notice of such election shall be 
required. (103 v. 205.) 

CRIMINAL COURT OF LORAIN. 

Section 14740-13. There is hereby established in the 
city of Lorain, Lorain County, Ohio, a criminal court held 
by a judge, which court shall be styled the criminal court and 
be a court of record, and shall have jurisdiction of anv 
offense under any ordinance of the city of Lorain and of 
any misdemeanor committed within the limits of Lorain 
county, to hear and finally determine the same and impose 
the prescribed penalty; but cases in which the accused is 
entitled to a trial by a jury, shall be so tried unless a jury 
is waived in writing by the accused. (103 v. 397. 

Section 14740-20. Such judge shall be an elector of 
the city and an attorney and counsellor at law duly admitted 
and licensed to practice law in this state. He shall be 
elected by the electors of said city of Lorain at the regular 
fall election in 1911 for a term of two years commencing on 
the first Monday of January next after his election. His 
successor shall be elected at the regular fall election in 1913 
for a term of four years and at the regular fall elections 
each four years thereafter. (103 v. 397.) 


SPECIAL ELECTIONS- MUNICIPALITIES. 


235 


MUNICIPAL COURT OF CINCINNATI. 

Section 1558-1. That hereafter the police court in the 
city of Cincinnati shall be a court of record and shall be 
styled “The Municipal Court of Cincinnati”, and is herein¬ 
after designated and referred to as the municipal court. 

Section 1558-2. The municipal court shall hereafter 
consist of five judges, one of whom shall be presiding judge, 
and the present police judge of Cincinnati shall be here¬ 
after presiding judge of the municipal court until the ex¬ 
piration of his present term and all of said judges shall, 
at the time of their election or appointment, be qualified 
electors and residents of the city of Cincinnati and shall 
have been admitted to the practice of law for not less than 
four years. (103 v. 280.) 

Section 1558-3. The additional judges herein provided 
for, including the presiding judge after the expiration of 
the term of the present police judge of the city of Cincin¬ 
nati, shall be elected by the electors of the city of Cincin¬ 
nati. The first election of said judges shall be held at the 
regular municipal election in 1913, at which time two 
judges shall be elected for four years and two for two 
years. At each regular municipal election next preceding 
the expiration of the terms of office of each judge, includ¬ 
ing the present police judge, a successor shall be elected for 
a term of four years. The term of office of each judge 
shall commence on the first day of January next after his 
election, and he shall hold office until his successor is elec¬ 
ted and qualified. At any such election any two candidates 
receiving the highest number of votes shall be elected but 
the presiding judge shall be separately nominated and elec¬ 
ted as such. (103 V. 280.) 

Section 1558-29. The present clerk of the police court 
shall be hereafter the clerk of the municipal court until the 
term for which he was elected shall expire or until his 
successor is elected and qualified and a clerk of the police 
court shall not hereafter be elected in the city of Cincin¬ 
nati. The successors of the first clerk shall be nominated 
and elected as are other municipal elective officers for a 
term of four years or until a successor shall be elected and 
qualified. Such clerk shall receive such compensation pay¬ 
able out of the treasury of Hamilton county not less than 
$2,000.00 per annum, payable in monthly installments, as 
the county commissioners may prescribe and such other 
compensation not less than $2,500.00 per annum, payable 
in monthly installments out of the treasury of the city of 
Cincinnati, as the council mav nrescribe. Deputies to the 
clerk shall be designated as hereinafter provided in this 
act. (103 V. 286.) 


“The Munici¬ 
pal Court of 
Cincinnati.” 


Judges of 
court and 
qualifications. 


Election 
and term. 


Clerk, election 
and salary. 


236 


SPECIAL ELECTIONS- MUNICIPALITIES. 


“The Munici¬ 
pal Court of 
Columbus.” 


Number and 
qualification 
of judges. 


Nomination, 
election and 
term. 


Clerk of muni¬ 
cipal court; 
election, term, 
salary. 


Chief deputy 
and deputy 
clerks. 


MUNICIPAL COURT OF COLUMBUS. 

Section i. That there shall be, and hereby is, estab¬ 
lished in and for the city of Columbus, a municipal court, 
which shall be a court of record and shall be styled “the 
municipal court of Columbus,” hereinafter designated and 
referred to as the “Municipal Court.” (103 v. 292.) 

Sec. 1558-47. The municipal court shall consist of a 
persiding judge and three other judges, all of whom shall 
at the time of their election be qualified electors, and resi¬ 
dents of the city of Columbus, and shall have been admitted 
to the practice of law for at least five years. (106 v. 365.) 

Sec. 1558-50. The judges of the municipal court 
shall be nominated and elected by the electors of the city of 
Columbus at municipal elections in the same manner as 
judges of the court of common pleas are nominated and 
elected. The first election of municipal judges shall be 
held at the regular municipal election in the year one thou¬ 
sand nine hundred and fifteen, at which time two judges 
shall be elected for four years, one for six .years, and a 
presiding judge for six years. At such first election for 
municipal judges, the candidate receiving the greatest num¬ 
ber of votes shall be presiding judge, and shall serve six 
years; the candidate having the next greatest number of 
votes shall serve for six years; the two candidates receiv¬ 
ing the next greatest number of votes, respectively, shall 
each serve for four years. 

At each regular municipal election next preceding the 
expiration of the terms of the offices of each judge, and 
presiding judge a successor shall be nominated and elected 
for such office for a term of six years. 

The term of office of each judge shall commence on 
the first day of January next after his election, and he shall 
hold office until his successor is elected and qualified. (106 
V. 366.) 

Sec. 1558-78. There shall be a clerk of the municipal 
court who shall be nominated and elected for a term of 
four years in such manner as is or may be provided by 
charter of the city of Columbus. The first election of clerk 
shall be held at the regular municipal election in the year 
1915, and everv four years thereafter a successor shall be 
elected for a like term. The clerk shall have such powers 
and shall perform such duties as are herein given and re¬ 
quired. He shall receive an annual salary of thirty-five 
hundred dollars, twenty-five hundred dollars of which shall 
be paid out of the treasury of the city of Columbus, and 
one thousand dollars out of the treasury of Franklin 
county, payable in monthly installments. 

The term of office of the clerk shall commence on the 
first day of January next after his election and he shall 
hold office until a successor is elected and qualified. 

The said clerk shall appoint a chief deputy clerk who 
shall be an elector of the city of Columbus and receive as 
compensation two thousand dollars per annum, and six ad- 


SPECIAL ELECTIONS- MUNICIPALITIES. 

municipal court of CLEVELAND. 


237 


ditional deputy clerks, who shall be such electors and shall 
each receive as compensation fifteen hundred dollars per 
annum, payable in monthly installments out of the treasury 
of the city of Columbus; however, additional deputies may 
be provided for by the council of the city of Columbus on 
the recommendation of the judges of the municipal court, 
who shall receive such compensation, not tO' exceed fifteen 
hundred dollars each per annum, payable in monthly in¬ 
stallments out of the city treasury of the city of Columbus 
as the council thereof may prescribe. 

The judges of the municipal court shall appoint an as¬ 
signment clerk, who shall assign cases for trial, issue for 
witnesses and perform such other duties, similar to those 
performed by the assignment commissioner of the common 
pleas court of Franklin county, as the judges may direct 
and shall receive as compensation the sum of fifteen hun¬ 
dred dollars per annum payable in monthly installments out 
of the treasury of the city of Columbus. 

The deputy clerks and the assignment clerk shall hold 
their offices during the pleasure of the appointing power 
(106 V. 375.) 

MUNICIPAL COURT OF CLEVELAND. 

Sec. 1579-2. The municipal court shall consist of 
seven judges, one of whom shall be chief justice and all of 
whom shall at the time of their election be qualified electors 
and residents of the city of Cleveland and shall have been 
admitted to the practice of law at least five years. Pro¬ 
vided that at the regular municipal election of 1915 there 
shall be elected three additional judges to the municipal 
court and thereafter said municipal court shall consist of 
ten judges. (106 v. 274.) 

Sec. 1579-3. Judges of the municipal court shall re¬ 
ceive such compensation, payable out of the treasury of 
Cuyahoga county not less than two thousand five hundred 
dollars per annum, as the county commissioners may pre¬ 
scribe, and such further compensation, not less than two 
thousand dollars per annum payable in monthly install¬ 
ments out of the treasury of the city of Cleveland, as the 
council may prescribe. 

The chief justice who shall be separately nominated 
and elected as such, shall receive such compensation, pay¬ 
able out of the treasury of Cuyahoga county, not less than 
two thousand five hundred dollars per annum as the county 
commissioners n'lay prescribe, and such further compen¬ 
sation, not less than two thousand five hundred dollars per 
annum, payable in monthly installments out of the treasury 
of the city of Cleveland as the council may prescribe. 

The vacation of the respective judges of the municipal 
court shall not exceed sixty day^ during each year, and 
shall be at such times as fixed by the chief justice, and at 


Assignment 

clerk. 


Number of 
judges and 
qualifications. 


Compensation. 


Nomination 
and election 
of chief 
justice. 


Vacations of 
judges. 


238 


Nominations, 
election and 
term. 


laws govern¬ 
ing court of 
common pleas 
applicable. 


Election of 
clerk; com¬ 
pensation. 


‘The Munici¬ 
pal Court of 
Dayton.” 


Judges consti¬ 
tuting court 
and qualifi¬ 
cations. 


SPECIAL ELECTIONS- MUNICIPALITIES. 

MUNICIPAL COURT OF DAYTON. 

least four judges shall be in attendance at all times. (io6 

274 -) ... 

Sec. 1579-5. The judges of the municipal court in¬ 
cluding the chief justice shall be nominated in the same 
manner as other municipal officers at large are nominated 
in the city of Cleveland. And they shall be elected by the 
electors of the city of Cleveland in the manner provided 
by law for the election of other judicial officers. The 
three additional judges provided for in this act shall be 
elected at the regular municipal election of 1915 for a term 
of four years. At the regular municipal election next 
preceding the expiration of the term of office of each judge 
a successor shall be elected for a term of six years. The 
term of office of each judge shall commence on the first day 
of January next after his election and he shall hold office 
until his successor is elected and qualified. (106 v. 274.) 

Sec. 1579-40. Where no sepcial provision is made in 
this act the laws governing the court of common pleas as 
to security for costs, bills of exceptions, motions for new 
trials, vacation or modification of judgment before and 
after terms, the referring of matters to a referee, the issu¬ 
ing of execution and orders for stay of execution, and the 
taking of depositions, shall be held to apply to the munici¬ 
pal court. 

At the municipal election of 1911 and every four years 
thereafter, there shall be nominated and elected a clerk of 
the municipal court in the same manner as other municipal 
officers are nominated and elected, who shall serve until 
his successor is elected and qualified. 

He shall receive such compensation payable out of the 
treasury of Cuyahoga county not less than two thousand 
dollars per annum, as the county commissioners may pre¬ 
scribe, and such further compensation not less than twenty- 
five hundred dollars per annum payable in monthly install¬ 
ments out of the treasury of the city of Cleveland as the 
council may prescribe. Deputies to the clerk shall be desig¬ 
nated as hereinafter provided for in this act. (103 v. 693.) 

MUNICIPAL COURT OF DAYTON. 

Sec. 1579-46. That hereafter the police court in the 
city of Dayton shall be a court of record and shall be styled, 
‘The Municipal court of Dayton”, and is hereinafter desig¬ 
nated and referred to as the municipal court. (103 v. 385.) 

Sec. 1579-47. The municipal court shall hereafter 
consist of three judges one of whom shall be chief justice, 
and the present police judge of Dayton shall be hereafter 
chief justice of the municipal court until the expiration of 
his present term and all of said judges shall, at the time of 
their election or appointment, be qualified electors and 
residents of the city of Dayton and shall have been ad¬ 
mitted to the practice of law for not less than three years. 
(103 V. 385.) 


SPECIAL elections- MUNICIPALITIES. 

MUNICIPAL COURT OF HAMILTON. 

Sec. 1579-48. The additional judges herein created 
shall be elected at the regular municipal election in No»vem- 
ber, 1913, for terms of four years commencing on the first 
of January, 1914. The chief justice shall be elected at the 
regular municipal election next preceding the expiration of 
his term of office for a term of four years and all judges 
shall hold office until their successors are elected and quali¬ 
fied. (103 V. 385.) 

Sec. 1579-49. The salary of the judge of the munici¬ 
pal court shall be not less than one thousand dollars per 
annum, payable out of the treasury of Montgomery county 
in monthly installments, as the county commissioners may 
prescribe, and such further compensation, not less than 
two thousand five hundred dollars per annum, payable in 
monthly installments out of the treasury of the city of 
Dayton, as the council or other proper legal authority may 
prescribe. The chief justice, who shall be specially nom¬ 
inated and elected as such, shall receive not less than one 
thousand dollars per annum, payable out of the treasury 
of Montgomery county in monthly installments, as the 
county commissioners may prescribe, and such further 
compensation, not less than three thousand dollars per an¬ 
num, payable in monthly installments out of the treasury 
of the city of Dayton, as the council or other proper legal 
authority may prescribe. (103 v. 386.) 

Sec. 1579-74. The clerk shall be elected at the reg¬ 
ular municipal election in 1913 for a term of four years 
and shall receive such compensation, payable out of the 
treasury of the city of Dayton, not less than two thousand 
dollars per annum, payable in monthly installments, as the 
city council or other legal authority may prescribe. The 
deputies to the clerk shall be designated as hereinafter pro¬ 
vided in this act. (103 v. 392.) 

MUNICIPAL COURT OF HAMILTON. 

Sec. 1579-90. That there be, and hereby is created 
a court of record for the city of Hamilton, Butler county, 
Ohio, to be styled “The Municipal Court of the City of 
Hamilton, Ohio”, (the jurisdiction thereof, to be as herein 
and hereinafter fixed and determined.) (103 v. 345.) 

Sec. 1579-91. Said municipal court shall be presided 
over by one judge, to be designated herein as a “Municipal 
Judge”, which office is hereby created, and whose term of 
office shall be for a period of four years, at a salary of 
two thousand dollars per annum, payable in monthly in¬ 
stallments, out of the treasury of the city of Hamilton, 
Ohio. Said municipal judge at the time of his election or 
appointment shall be a qualified elector and resident of the 
city of Hamilton, Ohio, and have been admitted to the prac¬ 
tice of law in the state of Ohio for not less than five years. 
Said judge shall be elected at the next regular municipal 
election after the going into effect of this act, for a term 


239 


Election of 
additional 
judges; 
term. 


Salary of 
judges. 


Election and 
salary of 
chief 
justice. 


Clerk; elec¬ 
tion, term 
and salary. 


“The Munici¬ 
pal Court of 
the City of 
Hamilton, 
Ohio.” 


“Municipal 
Judge,” quali¬ 
fications, elec¬ 
tion, term, 
salary. 


240 


Clerk, elec¬ 
tion and 
salary. 


Nomination 
and Election. 


SPECIAL ELECTIONS — MUNICIPALITIES. 

MUNICIPAL COURT OF YOUNGSTOWN. 

of four years, commencing- on the first day of January next, 
after said election and shall hold said office until his suc¬ 
cessor is elected and duly qualified. (103 v. 345.) 

Sec. 1579-114. A clerk for said municipal court shall 
be elected at the next regular municipal election after the 
going into efifect of this act for a term of four years, com¬ 
mencing on the first day of January next after said elec¬ 
tion and shall hold said office until his successor is duly 
elected and qualified and shall receive such compensation 
payable out of the treasury of the city of Hamilton not 
less than twelve hundred dollars per annum, payable in 
monthly installments, as the city council may prescribe. 
Deputies to the clerk shall be designated as hereinafter pro¬ 
vided in this act. (103 v. 351.) 

MUNICIPAL COURT OF YOUNGSTOWN. 

Sec. 1579-13 1 . The judges of the municipal court 
shall be nominated by petition, as is now, or may hereafter 
be, provided by law, and shall be elected by the electors of 
the city of Youngstown and Youngstown township, as is 
now, or may hereafter be, provided by law for the election 
of judicial officers. 

The first election of said judges respectively shall be 
held at the regular municipal and township election of 1913, 
at which time one judge shall be elected for four years, and 
one for two years. At the regular municipal and township 
election next preceding the expiration of the term of office 
of each judge respectively a successor shall be elected for 
a term of four years. The term of office of each respective 
judge shall commence on the first day of January next after 
his election, and he shall hold office until his successor is 
elected and qualified. (103 v. 355.) 


SCHOOL ELECTIONS 


CITY DISTRICTS. 

Section 

4698. Boards in city school districts. 

4699. Number of members determined, how; 

division into subdistricts; redistrict- 
ing. 

4700. How number of members fixed. 

4701. Election of additional members, when; 

retiring members determined by lot. 

4702. Term; when members elected. 

4703. Electors in attached territory entitled 

to vote. 

4704. Submission of question of number of 

members; commision to frame plans 
of organization for submission. 

4705. When and how plans shall be submitted 

and for what they shall provide. 

4706. Election; expense. 

4707. Adoption of by majority vote; expira¬ 

tion of terms. 

VILLAGE DISTRICTS. 

4682. Vilage with less than $500,000 valuation 
not a village district; vote to organ¬ 
ize village school district. 

4682-1. Proposition to dissolve village school 
district. 

4708. Board of education. 

4709. Terms of members chosen at first elec¬ 

tion. 

4710. Election in newly created village; ap¬ 

pointment of board of education on 
failure to elect; organization of 
board. 

4711. Assignment of electors in attached ter¬ 

ritory. 


RURAL DISTRICTS. 

Section 

4712. Board of education. 

4714. Assignment of electors in attached ter¬ 
ritory. 

4736-1. Election of members of board in new 
district; appointment in certain 
cases. 

CENTRALIZATION. 

4726. Submission of question. 

4726-1. When township contains two or more 
districts; new board created by pro¬ 
bate judge. 

4727. Submission of question of decentraliza¬ 

tion. 

DISSOLUTION OF RURAL DISTRICT. 

4735-1. Procedure to dissolve and join to an¬ 
other. 

INCREASE OF TAX LEVY. 

7591. Maximum levy. 

7592. Greater tax may be levied. 

7593. Notice of election. 

EXTENSIONS. 

7625. Submission of question of bond issue. 

7626. When bonds may issue. 

UNIONIZATION. 

7669. Union of districts for high schools. 


Section 4698. In city school districts containing ac- Boards in city 
cording to the federal census a population of less than 
50,000 persons, the board of education shall consist of not 
less than three members nor more than five members 
elected at large by the qualified electors of such district. 

In city school districts containing according to the 
federal census a population of 50,000 persons or more, but 
less than 150,000 persons, the board of education shall con¬ 
sist of not less than two members nor more than seven 
members elected at large by the qualified electors of the 
school district, and of not less than two members nor more 
than twelve members elected from subdistricts by the quali¬ 
fied electors of their respective subdistricts. 

In city school districts containing according to the fed¬ 
eral census a population of 150,000 persons or more, the 
board of education shall consist of not less than five nor 
more than seven members elected at large by the qualified 
electors of such district; the office of subdistrict member 
in boards of education in all such city school districts is 
hereby abolished and the terms of members elected from 
subdistricts shall terminate on the day preceding the first 
Monday in January, 1914. (103 v. 275.) 

16 E. L. 241 




242 


SCHOOL ELECTIONS. 


CITY DISTRICTS. 


Number of 
members de¬ 
termined; 
how. 


Division into 
subdistricts. 


Redistricting. 


Board shall 
fix number of 
members and 
subdistricts; 
boundaries. 


Sec. 4699. Within thirty days after this act shall 
take effect, the board of education of each and every city 
school district in which the number of members does not 
conform to the provisions of section 4698 shall by resolu¬ 
tion determine within the limits prescribed by said sections 
the number of members of said board of education. Said 
resolution shall provide for the classification of the terms 
of members so that they will conform to the provisions of 
section 4702, General Code, taking into consideration the 
terms of office of the existing members whose terms do 
not expire or terminate on the day preceding the first Mon¬ 
day in January, 1914. At the same time such boards of 
education in city school districts containing according to 
the federal census a population of 50,000 persons or over, 
but less than 150,000 persons shall subdivide such city 
school district into subdivisions equal in number to the 
number of members of the board of education in the dis¬ 
trict, who are to be elected from subdistricts therein so es¬ 
tablished. Such subdistricts shall be bounded, as far as 
practicable, by corporation lines, streets, alleys, avenues, 
public grounds, canals, water courses, ward boundaries, 
voting precinct boundaries, or present school district 
boundaries, and shall be as nearly equal in population as 
possible and be composed of adjacent and as compact terri¬ 
tory as pratcicable. Such subdivision shall be numbered 
from one up consecutively and the lines thereof so fixed 
shall not be changed until after each succeeding federal 
census. 

* Within three months after the official announcement 
of the result of each succeeding federal census, the board 
of education of each city school district which according to 
such census shall have a population of 50,000 persons or 
over and less than 150,000 persons, shall redistrict such dis¬ 
trict into subdistricts in accordance with the provisions of 
this chapter. If the board of education of any such dis¬ 
trict, fails to district or redistrict such city school district, 
as herein required then the state superintendent of public 
instruction shall forthwith district or redistrict such city 
school district, subject to the requirements of this chapter. 
(103 V. 275.) 

Section 4700. The board of education of each city 
school district, by resolution, shall fix within the limits so 
urescribed the number of members of the board of edu¬ 
cation, to be eletced at large, and the number of members 
of the board to be elected by city districts. At the same 
time, the board shall subdivide such city school district 
into subdivisions equal in number to the number of mem- 
1)ers of the board of education in the district, who are to 
be elected from subdistricts therein so established. Such 
subdistricts shall be bounded, as far as practicable, by 
corporation lines, streets, alleys, avenues, public grounds, 
canals, water courses, ward boundaries, voting precinct 
boundaries, or present school district boundaries, and shall 


SCHOOL ELECTIONS. 


243 


CITY DISTRICTS. 

be as nearly equal in population as possible and be com¬ 
posed of adjacent and as compact territory as practicable. 
The lines of such subdistricts so fixed shall not be changed 
until after each succeeding federal census. (R. S. Sec. 

3897.) 

Section 4701. Whenever the number of members of 
the board of education of a city school district, as fixed by 
the resolution provided for in section 4699, shall be more 
than the number of members whose terms will not expire 
or terminate on the day preceding the first Monday in 
January, 1914, the additional members of such board shall 
1)e eletced at the general school election in the year 1913 
for such terms of two or four years as may be necessary to 
comply with the two provisions of sections 4698 and 4702. 

Whenever the number of members of any such board 
of education shall by the resolution provided for in said 
section 4699 be fixed at less than the number of members 
of said board whose trems do not expire or terminate on 
the day preceding the first Monday in January, 1914, the 
member or members to retire shall be determined by lot 
from among those whose terms would expire on the day 
preceding the first Monday in January, 1916, lots being 
cast among members elected at large and among members 
elected from subdistricts separately, and the terms of office 
of those on whom the lot falls shall expire on the day 
preceding the first Monday in January, 1914. (103 v. 276.) 

Section 4702. The term of office of all members of 
boards of education in city school districts, except as pro¬ 
vided in section 4701, shall be four years. All members in 
office at the time this act takes efifect shall serve the unex¬ 
pired portions of the terms for which they were re¬ 
spectively elected and until their successors are elected and 
qualified, unless their terms shall expire or shall have been 
terminated as provided by sections 4698 and 4701. 

If the number of members of a board of education of 
any city school district to be elected at large as fixed pur¬ 
suant to section 4699 be even, one-half thereof shall be 
elected in the preceding year, and the remaining half in the 
year following the calendar year divisible by four. If such 
number be odd, one-half of the remainder after diminish¬ 
ing the number by .one shall be elected in the year pre¬ 
ceding, and the remaining number shall be elected in the 
year following the calendar divisible by four. All mem¬ 
bers to be elected from odd numbered subdistricts shall be 
elected at one and the same election, and all members from 
even numbered subdistricts shall be elected at the alternate 
election. (103 v. 277.) 

Section 4703. When territory is attached to a city 
school district for school purposes, the electors residing in 
said attached territory shall be entitled to vote for school 
officers and on all school questions in said district. It shall 


Election of 
additional 
members, 
when. 


Retiring mem¬ 
bers deter¬ 
mined by 
iot. 


Term. 


When mem¬ 
bers elected. 


Electors in 
attached ter¬ 
ritory en¬ 
titled to 
vote. 


244 


SCHOOL ELECTIONS. 


Submission of 
question of 
number of 
members. 


Commission 
to frame 
plans of 
organization 
for submis¬ 
sion. 


When and 
how plans 
£hall be sub¬ 
mitted and 
for what they 
shall provide. 


CITY DISTRICTS. 

be the duty of the board of education of such city school 
district to assign such territory to the adjoining election 
precinct or precincts of said district and to have a map pre¬ 
pared showing such assignment, which shall be made a 
part of the records of said board. The electors residing in 
such attached territory shall be entitled to vote in the pre¬ 
cincts to which they are assigned, but in case no assign¬ 
ment is made by the board of education, each elector shall 
vote in the precinct nearest his residence. 

An elector residing in a city but not in the city school 
district of said city shall not be entitled to vote in said 
city school district. (103 v. 277.) 

Section 4704. If, at any time, a petition signed by 
ten (iO'%) per cent of the electors of any district shall 
be filed with the clerk of the board of education of such 
district asking that the question what shall be the num¬ 
ber of members and what the organization of the board 
of education of such district be submitted to the electors 
thereof, such board of education shall within thirty days 
after the filing of such petition provide by resolution for 
submitting such question to the electors of such district. 
Such question shall not be submitted to a referendum vote 
more than once in any period of four years and the per¬ 
centage of electors required to sign such petition shall be 
based upon the total vote cast at the last preceding gen¬ 
eral school election. 

Said resolution shall require that such question shall 
be submitted at the next regular school election and shall 
also provide for the appointment of a commission to frame 
two or more plans of organization for submission as above 
provided. Said commission shall consist of seven members, 
three of whom shall be appointed by the president of the 
board of education of such district, two by the mayor of 
the city in which such district is embraced and two by the 
president of the board of sinking fund trustees of such 
city. 

A certified copy of said resolution shall immediately 
after its passage be transmitted to the mayor and president 
of the board of sinking fund trustees of said city and such 
commission shall be appointed and shall organize within 
sixty days after the passage of said resolution. (103 v. 

277-) 

Section 4705. Said commission shall prepare and sub¬ 
mit to the electors at the next general school election, if one 
occur not less than one hundred and twenty days after the 
passage of said resolution, otherwise, at the second general 
school election, two or more plans for the organization of 
the board of education in such district, but in no event 
shall less than two plans be submitted. Each plan shall 
provide for the number of members, the length of term 


SCHOOL ELECTIONS. 


245 


VILLAGE DISTRICTS. 

of the members and the organization of the board; one 
plan so submitted shall provide for a board of the same 
number and of the same organization as the board exist¬ 
ing in said district at the time of said election. Said plans 
shall be submitted to the electors of said district on a sep¬ 
arate ballot, bearing no party designation and in such form 
as said commission may determine. A certified copy of 
the resolution determining such form shall be transmitted 
by said commission to the proper election authorities a 
sufficient length of time prior to said election to enable the 
ballot therefor to be prepared. (103 v. 278.) 

Section 4706. Provision shall be made by the board 
of deputy state supervisors and inspectors of election or 
other board or officer having charge of elections within any 
district for the preparation of the ballots for the holding 
of said election as hereinbefore provided and said election 
shall be conducted in all respects not herein specifically 
provided for, in a manner prescribed by general law for 
school elections. 

The board of education of such district shall make 
such provision as is necessary for meeting the expense of 
said commission, but said commissioners shall receive no 
compensation. (103 v. 278.) 

Section 4707. If any plan so submitted shall receive 
a majority of the number of votes cast for all of the plans, 
it shall thereafter become the law governing the number 
of members and the organization of the board of education 
in such district and at the next general school election fol¬ 
lowing the adoption of such plan all of the members of the 
board of education of such district shall be elected pursuant 
to such plan. 

The terms of all members of the board of education of 
such district who may have been elected prior to the adop¬ 
tion of such plan, or who may be elected at the general 
school election at which such plan is adopted, shall expire 
on the day preceding the first Monday of January follow¬ 
ing the next general school election thereafter. All mem¬ 
bers elected at said general school election following the 
adoption of such plan shall take office on the first Monday 
of January next following their election and shall hold 
office during such term or terms as may be provided by 
such plan adopted by the electors of said district, but no 
terms shall be for less than two years. (103 v. 278.''. 

VILLAGE DISTRICTS. 

Section 4682. A village, together with the territory 
attached to it for school pivrposes, and excluding the terri¬ 
tory within its corporate limits attached for school pur¬ 
poses, with a tax valuation of less than five hundred thou¬ 
sand dollars, shall not constitute a village school district, 
but the proposition to organize the territory thus formed 
into a village school district may be submitted by the board 


Election; 

expense. 


Adoption of 
by majority 
vote. 


Expiration 
of terms. 


Village with 
less than five 
hundred thou¬ 
sand valua¬ 
tion not a 
village dis¬ 
trict. 


2'46 


SCHOOL ELECTIONS. 
VILLAGE DISTRICTS. 


V^ote to or¬ 
ganize vil¬ 
lage school 
district. 


When and 
how village 
school dis¬ 
tricts may 
dissolve and 
join rural 
districts. 


Board of 
education in 
village dis¬ 
tricts. 


Terms of 
members 
chosen at 
first 

election. 


of education, and shall be submitted by the board of educa¬ 
tion upon the presentation to it of a written petition for 
such purpose signed by 25 per cent, of the electors of the 
territory thus formed, to a vote of the electors of the terri¬ 
tory thus formed at any general or a special election called 
for that purpose, and be so determined by a majority vote 
of such electors. (103 v. 546.) 

Section 4682-1. A village school district containing a 
population of less than fifteen hundred may vote at any 
general or special election to dissolve and join any con¬ 
tiguous rural district. After approval by the county board 
such proposition shall be submitted to the electors by the 
village board of education on the petition of one-fourth of 
the electors of such village school district or the village 
board may submit the proposition on its own motion and 
the result shall be determined by a majority vote of such 
electors. (103 v. 133.) 

Section 4708. In village school districts, the board 
of education shall consist of five members elected at large 
at the same time as municipal officers are elected and in the 
manner provided by law. (R. S. Sec. 3908.) 

Section 4709. At the first election in such district, a 
board of election shall be elected, two members to serve 
for two years and three to serve for four years. At the 
proper municipal election held thereafter, their successors 
shall be elected for a term of four years. R. S. Sec. 3908. 

Note: — A special election for members of the board of edu¬ 
cation of a village district in a newly incorporated village cannot 
be held at the same time and place designated by council for the 
holding of a special election under the Beal Law. The latter act 
requires the election under the Beal Law to be a special one, and 
the ballot used is such that it is impractical to hold an election 
of officers at the same time. 


Election in 
newly created 
village. 


Appointment 
of board of 
education on 
failure to 
elect. 


Organization 
of board. 


Section 4710. In villages hereafter created, a board 
of education shall be elected as provided in the preceding 
section. When villages hereafter created, dr which have 
been heretofore created, fail or have failed to elect a board 
of education as provided in the preceding section, the com¬ 
missioners of the county to which said district belongs, 
shall appoint such board, and the members so appointed 
shall serve until their successors are elected and qualified. 
The successors of the members so appointed, shall be 
elected at the first election for members of the board of 
education held in such district after such appointment; two 
members to serve for two years and three members for 
four years, and thereafter their successors shall be elected 
in the manner and for the term as provided by section 4709 
of the General Code. The board so appointed by the 
county commissioners shall organize on the second Mon¬ 
day after their appointment. If the members of such board 
are elected at a special election held in such district the 


SCHOOL ELECTIONS. 
RURAL DISTRICTS. 


247 


members so elected shall serve for the term indicated in the 
preceding section, from the first Monday in January after 
the preceding election for members of the board of educa¬ 
tion and the board shall organize on the second Monday 
after such election. (103 v. 166.) 

Section 4711. Electors residing in territory attached 
to a village district for school purposes, may vote for 
school officers and on all school questions at the proper 
voting place in the village to which the territory is attached. 
If the village is divided into precincts, the board of educa¬ 
tion of the village school district shall assign such attached 
territory to the adjoining precinct or precincts of the vil¬ 
lage, and have a map prepared showing such assignment, 
which map shall be made a part of the records of the 
board. Electors residing in such attached territory may 
vote in the precinct to which they are assigned, but, if no 
assignment of territory is made, they shall vote in the pre¬ 
cinct nearest their residence. An elector residing in the 
village but not in the village school district shall not vote 
in such village school district. (R. S. Sec. 3910-3.) 

RURAL DISTRICTS. 

Section 4712. In rural school districts, the board of 
of education shall consist of five members elected at large 
at the same time township officers are elected ^nd in the 
manner provided by law, for a term of four years. (104 

V. I35-) 

Section 4714. Electors residing in a rural school dis¬ 
trict may vote for school officers and on all school ques¬ 
tions at the proper voting place in the township in which 
such district is located. If the township is divided into 
different voting precincts, the board of education of such 
district shall assign the voters thereof to the proper pre¬ 
cinct or precincts, and a map shall be prepared showing 
such assignment, which map shall be made a part of the 
records of the board. Electors may vote according to such 
assignment, but, if no assignment of territory is made, they 
shall vote in the precinct nearest their residence. (104 v. 

I35-) . . , - 

Section 4736-1. In rural school districts hereafter 
created by a county board of education, a board of educa¬ 
tion shall be elected as provided in section 4712 of the 
General Code. When the rural school districts hereafter so 
created, or which have been heretofore so created, fail or 
have failed to elect a board of education as provided in said 
section 4712, or whenever there exists such school district 
which for any reason or cause is not provided with a board 
of education, the commissioners of the county to which such 
district belongs shall appoint such board of education, and 
the members so appointed shall serve until their successors 
are elected and qualified. The successors of the members 
so appointed shall be elected at the first election for mem- 


Assignment of 
electors in 
attached ter¬ 
ritory for 
voting pur¬ 
poses. 


Board of edu¬ 
cation in 
rural school 
districts. 


Assignment 
of electors 
in attached 
territory for 
school pur¬ 
poses. 


Election of 
members of 
board of edu¬ 
cation in new 
district; ap¬ 
pointment in 
certain cases. 


248 


SCHOOL ELECTIONS. 


Question of 
centralization 
to be sub¬ 
mitted to 
vote. 


CENTRALIZATION. 

bers of the board of education held in such district after 
such appointment, two members to serve for two years and 
three members for four years. And thereafter their suc¬ 
cessors shall be elected in the manner and for the term as 
provided by section 4712 of the General Code. The board 
so appointed by the commissioners of the county shall 
organize on the second Monday after their appointment. 
(106 V. 550.) 

CENTRALIZATION. 

Section 4726. A rural board of education may sub¬ 
mit the question of centralization, and, upon the petition oi 
not less than one-fourth of the qualified electors of such 
rural district, or upon the order of the county board of 
education, must submit such question to the vote of the 
qualified electors of such rural district at a general election 
or a special election called for that purpose. If more votes 
are cast in favor of centralization than against it at such 
election, such rural board of education shall proceed at 
once to the centralization of the schools of the rural dis¬ 
trict, and, if necessary, purchase a site or sites and erect a 
suitable building or buildings thereon. If, at such election, 
more votes are cast against the proposition of centralization 
than for it, the question shall not again be submitted to the 
electors of such rural district for a period of two years, 
except upon the petition of at least forty per cent of the 
electors of such district. (104 v. 139.) 

Note: — Only electors of the township school district may 
vote upon question of centralization. Atty. Gen. 12-10-1907. 

Section 4726-1. In townships in which there are one 
or more school districts, the qualified electors of such school 
districts may vote on the question of centralizing the 
schools of said township districts, or of special school dis¬ 
tricts therein, without interfering with the existing school 
district organization until the result of the election shall 
have been dtetermined. If at such election in any township 
a majority of all the votes cast shall be in favor of cen¬ 
tralizing the schools in said township, the probate judge of 
the county shall create a new board of education for the 
said township, without delay, by selecting from the several 
boards of education thus consolidated, five suitable per¬ 
sons, giving each former district its fair representation in 
such selection, which such five persons so selected shall 
constitute the board of education for said township until 
the first township election thereafter; at such first town¬ 
ship election thereafter the electors of such township shall 
elect two members of the board of education for two years, 
and three members to serve for three years, and at the 
proper elections thereafter their successors shall be elected 
for four years. If a majority of the electors in said town¬ 
ship vote against said centralization at the time above 




SCHOOL ELECTIONS. 249 

ABANDONMENT OF SPECIAL DISTRICT — INCREASE OF TAX LEVY. 

designated, then the several school districts in said town¬ 
ship shall proceed as though no election had been held, 

(106 V. 442.) 

Section 4727. ^ When the schools of a rural school Question of 
district have been centralized such centralization shall not 
be discontinued within three years, and then only by peti- be submitted 
tion and election, as provided in section 4726. If at such yelTs. 
election more votes are cast against centralization than for 
it, the division into subdistricts as they existed prior to 
centralization shall thereby be re-established. (104 v. 139-) 

DISSOLUTION OF RURAL DISTRICT. 

Section 4735-1. When a petition is signed by not less Procedure to 
than one-fourth of the electors residing within the territory diltS^ 
constituting a rural school district, praying that the rural join to others 
district be dissolved and joined to a contiguous rural or vil- thereto, 
lage district, is presented to the board of education of such 
district; or when such board, by a majority vote of the 
full membership thereof, shall decide to submit the question 
to dissolve and join a contiguous rural or village district, 
the board shall fix the time of holding such election at a 
special or general election. The clerk of the board of such 
district shall notify the deputy state supervisors of elec¬ 
tions, of the date of such election and the purposes thereof, 
and such deputy state supervisors shall provide therefor. 

The clerk of the board of education shall post notices 
thereof in five public places within the district. The result 
shall be determined by a majority vote of such electors. 

(104 V. 138.) 

INCREASE OF TAX LEVY. 

Section 7591. Except as hereinafter provided, the Maximum 
local tax levy for all school purposes shall not exceed levy, 
twelve mills on the dollar of valuation of taxable property 
in any school district, and in the city school districts shall 
not be less than six mills. Such levy shall not include any 
special levy for a specified purpose, provided for by a vote 
of the people. (R. S. Sec. 3959.) 

Section 7592. A greater or less tax than is author- Greater tax 
ized above may be levied for any or all school purposes. 

Any board of education may make an additional annual 
levy of not more than five mills for any number of con¬ 
secutive years not exceeding five, if the proposition to make 
such levy or levies has been submitted by the board, to a 
vote of the electors of the school district, under a resolu¬ 
tion prescribing the time, place and nature of the proposi¬ 
tion to be submitted, and approved by a majority of those 
voting on the proposition. (R. S. Sec. 3959 -) 

Section 7593. Notice of such election must be given Notice of 
by publication of the resolution for three consecutive election, 
weeks prior thereto in some newspaper published and of 


250 


SCHOOL ELECTIONS. 
EXTENSIONS — UNIONIZATION. 


May issue 
bonds*. 


If question 
approved, 
board may 
issue such 
bonds. 


Union of dis¬ 
tricts for high 
school pur¬ 
poses. 


general circulation in the district, or by posting copies 
thereof in five of the most conspicuous places in the dis¬ 
trict for a like period, if no such paper is published therein. 
(R. S. Sec. 3959.) 

EXTENSIONS. 

Section 7625. When the board of education of any 
school district determines that for the proper accommoda¬ 
tion of the schools of such district it is necessary to purchase 
a site or sites to erect a schoolhouse or houses, to complete 
a partially built schoolhouse, to enlarge, repair or furnish 
a schoolhouse, or to purchase real estate for playground 
for children, or to do any or all of such things, that the 
funds at its disposal or that can be raised under the provi- 
sins of section seventy six hundred and twenty nine and 
seventy-six hundred and thirty, are not sufficient to ac¬ 
complish the purpose and that a bond issue is necessary, 
the board shall make an estimate of the probable 
amount of money required for such purpose or pur¬ 
poses and at a general election or special election called for 
that purpose, submit to the electors of the district the 
question of the issuing of bonds for the amount so esti¬ 
mated. Notices of the election required herein shall be 
given in the manner provided by law for school elections. 
(102 V. 419.) 

Section 7626. If a majority of the electors, voting 
on the proposition to issue bonds, vote in favor thereof, the 
board thereby shall be authorized to issue bonds for the 
amount indicated by the vote. The issue and sale thereof 
shall be provided for by a resolution fixing.the amount of 
each bond, the length of time they shall run, the rate of 
interest they shall bear, and the time of sale, which may 
be by competitive bidding at the discretion of the board. 
(R. S. Sec. 3992.) 

UNIONIZATION. 

Section 7669. The boards of education of two or 
more adjoining rural school districts, or of a rural and vil¬ 
lage school district by a majority vote of the full member¬ 
ship of each board, may unite such districts for high school 
purposes. Each board also may submit the question of 
levying a tax on the property in their respective districts, 
for the purpose of purchasing a site and erecting a build¬ 
ing, and issue bonds, as is provided by law in case of erect¬ 
ing or repairing school houses; but such question of tax 
levy must carry in each district before it shall become 
operative in either. If such boards have sufficient money 
in the treasury to purchase a site and erect such building, 
or if there is a suitable building in either district owned by 
the board of education that can be used for a high school 
building it will not be necessary to submit the proposition 
to vote, and the boards may appropriate money from their 
funds for this purpose. (104 v. 229.) 


LOCAL OPTION. 


GENERAL PROVISIONS. 

Section 

G097. What petitions must contain. 

LOCAL OPTION IN TOWNSHIPS. 
G119. Petition for election. 

G120. Election and results. 

6122. Form of ballot. 

612:i. When traffic unlawful. 

6125. When another election may be ordered. 

6126. Entry and record of election. 


LOCAL OPTION IN MUNICIPALITIES. 
Section 

6127. Petition for election. 

6128. Election and results. 

6130. Form of ballots. 

6131. When sales unlawful. 

6133. Entry and record. 

6134. Contests of election, petition. 

6135. Proceedings in probate court. 

6136. When another election may be held. 


GENERAL PROVISIONS. 

Section 6097. Petitions, presented under the pro- Petition 
visions of a local option law, to prohibit the sale of in- S^add'rf 
toxicating liquor as a beverage, shall have the name and of signer, 
addresses of each elector signing such petition, the name 
of the street and number, if there is such, and if there 
is no street and number, then the name of the village or 
township shall be written opposite the name of the eletcor. 

(99 V. 475 § 2ia.) 


LOCAL OPTION IN TOWNSHIPS. 

Section 6119 . When one-fourth of the qualified Petition for 
electors of a township residing outside of a municipal cor- hibiting hqnor 
poration, petition the trustees of such township for the 
privilege of determining by ballot whether the sale of in¬ 
toxicating liquors as a beverage shall be prohibited within 
the limits of such township and without the limits of a 
municipal corporation, such trustees shall order a special 
election for such purposes to be held at the usual place or 
jilaces for holding elections in the township. (85 v. 5 s 
§ I-) ' ' . . 

Note: — The act entitled ‘‘An act to_further provide against 
the evils resulting from the traffic in intoxicating liquors by local 
option in any township in the State of Ohio,” passed March 3 , 1883 . 
is not in conflict with the constitution, and is a valid law. 

Gordon v. State, 46 O. S. 607 . 


Section 6120. Notice thereof shall be given and such Election 
election conducted as provided by law for the election of result, 
township trustees. Only those electors shall be entitled to 
vote at such election wdio reside within the township and 
without the limits of a municipal corporation. A record 
of the result of the election shall be kept by the clerk of 
such township in the record of the proceedings of the 
township trustees. (85 v. 55 § i.) 

Note: — Where a township local option election is held in a 
township composed of two voting precincts, in one of which a 
municipal corporation is situate, the regular judges and clerks in 

2 ol 




252 


LOCAL OPTION ELECTIONS. 


Ballots at 
such election. 


When traffic 
unlawful. 


When another 
election may 
be ordered. 


Entry and 
record of 
result of 
election. 


Petition for 
election to 
prohibit liquor 
traffic in 
municipality. 


LOCAL OPTION IN MUNICIPAL CORPORATIONS. 


each of the precincts should preside at and conduct such election, 
notwithstanding the fact that one or more of the judges in one 
of the precincts may reside within the limits of the incorporated 
village. At such election only those voters residing within the 
township and outside the limits of the municipal corporation are 
entitled to vote. 

Section 6122. Persons voting at such election, who 
are opposed to the sale of intoxicating liquors as a bever¬ 
age, shall have printed or written on their ballots “against 
the sale”; and those who favor the sale of such liquors 
shall have written or printed on their ballot “for the sale”. 
(85 V. 55 § 2.) 

Note: — It is the duty of the deputy state supervisors of elec¬ 
tions to prepare ballots for use at a local option election within 
a township. The ballots should be printed upon the quality of 
paper described by the ballot laws. The regular judges and clerks 
of election in the proper precincts must conduct such special elec¬ 
tions. 

None but resident voters are entitled to vote at a special 
election under the township local option act. Whether a person 
is a qualified elector of the township or not depends upon the 
question of fact and intention. Persons who are within the town¬ 
ship for temporary purposes only are not entitled to vote therein. 

Section 6123. If a majority of the votes cast at such 
election shall be “against the sale”, then from and after 
thirty days from the day of the holding of such election, 
no person within the limits of such township and without 
the limits of such municipal corporation shall sell, furnish 
or give away any intoxicating liquors to be used as a bever¬ 
age, or keep a place where such liquors are kept for sale, 
given away or furnished. (85 v. 55 § 2.) 

Section 6125. After two years from the date of an 
election, held under the provisions of this subdivision of 
this chapter, another election may be ordered as provided 
therein. (85 v. 56 § 5.) 

Section 6126. The following shall be a sufficient 
entry and record of the results of an election held under 
the provisions of this subdivision: 

The State of Ohio.. County 

. Township, ss: 

The special election held on the.day of .. 

A. D., ., within and for said township, under the 

local option law, resulted as follows: 

Whole number of votes “for the sale”, . 

whole number of votes “against the sale”, . 

Attest: . 

Township Clerk 

(8s v. 56 § 6.) 

LOCAL OPTION IN MUNICIPAL CORPORATIONS 

Section 6127. When, in a municipal corporation 
divided into wards, qualified electors in a number equal to 
forty per cent of the number of votes cast therein at the 
last preceding general election for state and county officers, 










LOCAL OPTION ELECTIONS. 

LOCAL OPTION IN MUNICIPAL CORPORATIONS. 


253 


or when, in any other municipal corporation, qualified elec¬ 
tors in a number equal to forty per cent of the votes cast 
therein at the last preceding general election for municipal 
officers, petition the council thereof for the privilege to de¬ 
termine by ballot whether the sale of intoxicating liquors 
as a beverage shall be prohibited within the limits of such 
municipal corporation, such council shall order a special 
election to be held at the usual place or places for holding 
elections therein in not less than twenty days nor more than 
thirty days from the filing of such petition with the mayor 
of such municipal corporation or from the presentation of 
such petition to the council thereof. Thereupon such peti¬ 
tion shall be filed as a public document with the clerk of 
such municipal corporation and preserved for reference 
and inspection. (R. S. Secs. 4364-20a, 4364-2oe.) 

Section 6128. Notice shall be given of such election, 
and it shall be conducted as provided by law for the elec¬ 
tion of members of the council of such municipal corpora¬ 
tion as far as such law is applicable. The result of the 
election shall forthwith be entered upon the record of the 
proceedings of the council of the municipal corporation by 
the clerk thereof. (R. S. Sec. 4364-2oa.) 

Section 6130. The ballots at the election, held under 
the provisions of the next three preceding sections, shall 
be printed with an affirmative and a negative statement, 
to-wit: “The sale of intoxicating liquors as a beverage 
shall be prohibited,” “the sale of intoxicating liquors as a 
beverage shall not be prohibited”, with a blank space on the 
left side of each statement in which to give each elector an 
opportunity to clearly designate his choice by a cross mark 
as follows: 


(.) The sale of intoxicating liquors as a bever¬ 

age shall be prohibited. 

(.) The sale of intoxicating liquors as a bever¬ 

age shall not be prohibited. 


(R. S. Sec. 4364-2ob.) 

Section 6131. If a majority of the votes cast at such 
election shall be in favor of prohibiting the sale of intoxi¬ 
cating liquors as a beverage, then from and after thirty 
days from the date of holding such election, no person, per¬ 
sonally or by agent, within the limits of such municipal 
corporation shall sell, furnish or give away any intoxicating 
liquors to be used as a beverage, or keep a place where such 
liquors are kept for sale, given away or furnished for bev¬ 
erage purposes. (R. S. Sec. 4364-2ob.) 

Section 6133. The following shall be a sufficient 
entry and record of the result of an election held under the 
provisions of this subdivision of this chapter: 

The State of Ohio, County of . 

municipal corporation of . 


Election and 
result. 


Ballots to be 
voted at such 
election. 


When sale 
unlawful. 


Entry and 
record of re¬ 
sult of elec¬ 
tion. 






254 


LOCAL OPTION ELECTIONS. 


Contest of 

election; 

petition. 


Proceedings 
in probate 
court. 


When another 
election may 
be held. 


LOCAL Ol^ION IN MUNICIPAL CORPORATIONS. 


The special election held on the. day of 

.. A. D., within and for the 

municipal corporation of . under the local 

option law resulted as follows: 


Whole number of votes “for the sale of intoxicating 
liquors as a beverage”. 

Whole number of votes “against the sale of intoxica¬ 
ting liquors as a beverage” . 

Clerk of . 

(R. S. Sec. 4364-2of.) 

Section 6134. Any qualified elector of a municipal 
corporation wherein such election has been held may con¬ 
test the validity thereof by filing a petition duly verified 
with the probate court of the county, in which such munici¬ 
pal corporation is situated, within ten days after the elec¬ 
tion, setting forth the grounds for contest. Such court 
shall require the persons contesting the election to furnish 
sufficient security for costs before such petition is filed. 
(R. S. Sec. 4364-20!.) 

Section 6135. The judge of the probate court, upon 
the filing of such petition, shall forthwith issue a summons, 
addressed to the mayor of such municipal corporation, noti- 
•fying him of the filing of the petition and directing him 
to appear in such court on behalf of the municipal corpora¬ 
tion, at the time named in the summons, which shall be not 
more than twenty days after such election nor less than five 
days after the filing of the petition. The probate court 
shall have final jurisdiction to hear and determine the 
merits of the proceedings, and shall be governed by the 
law providing for contesting the election of a justice of the 
peace as far as such law is applicable. (R. S. Sec. 4364- 
20i.) 

Section 6136. After two years from the date of an 
election held under the provisions of this subdivision of 
this chapter, another election may be petitioned for and 
shall be ordered as provided therein. (R. S. Sec. 4364- 
2oh.) 









THE 

Section 

5175-1. 

5175-2. 

5175-3. 
5175-4. 

5175-5. 

5175-^. 


5175-7. 

5175-8. 

5175-9. 

5175-10. 

5175-11. 

5175-12. 

5175-13. 

5175-14. 

5175-15. 

5175-16. 

5175-17. 

5175-18. 

5175-19. 

5175-20. 

5175-21. 

5175-22. 

5175-23. 

5175-24. 

5l75-2f5. 

5175-26. 

5175-27. 

5175-28. 

5175-29. 


5l75-29a. 


5175-29b. 

5175-29C. 


5175-29d. 

5l75-29e. 


5175-29 f. 
5l75-29g. 
5175-29h. 


5175-29i. 


5175-29k. 

5l75-29m. 

5l75-29n. 

5175-290. 

5l75:-29p. 

5l75-29q. 

5175-29r. 


OFFENSES RELATING TO ELECTIONS. 


CORRUPT PRACTICES ACT. 


Committee or organization defined. 

Statement of expenditure. 

Statement shall contain, what. 

Statement of person otner than can¬ 
didate. 

Statements and accounts signed and 
verified. 

Where statements filed; copies as 
evidence; report to attorney gen¬ 
eral of candidates required to file 
statements. 

Secretary of state shal prepare form. 

Certificate of election shall not issue 
until statement filed. , 

Treasurer and duties. 

Records and accounts. 

Receipted bills and vouchers. 

Payment in name of another not al¬ 
lowed. 

Punishment for violations. 

Petition and allegations for invesiga- 
tion. 

Where petition filed. 

Bond. 

Order of court and service of same. 

Hearing. 

Parties. 

Decision. 

Contempt. 

Effect of failure to file statement. 

Limitation. 

Precedence of proceeding. 

Appeals. 

Defining corrupt practices. 

Defining corrupt practices. 

Defining corrupt practices. 

Amount of expenditure allowed can¬ 
didates. 

Amount of expenditure or contribu¬ 
tion by person other than a can¬ 
didate. 

Expenditure allowed upon submission 
of a proposition. 

A copy of proposed law or amend¬ 
ment to be filed with secretary of 
state. 

Designation of size of paper ^ and 
type and arrangement of petition. 

Submission of proposed^ law or 
amendment to legislative refer¬ 
ence department. 

Words which shall be printed in red. 

Statement to be made by solicitor. _ 

Part petition should not contain 
names from more than one 
county; transmittal of to deputy 
state supervisors. 

Petitions open to public inspection; 
comparison of signature; filing 
additional signatures; return to 
secretary of state. 

Designation of committee to repre¬ 
sent petitioners. 

Sworn statement of circulator filed 
with secretary of state. 

What constitutes corrupt practices 
relative to I. and R. petitions. 

Penalties for violations of act safe¬ 
guarding I. and R. petitions. 

Punishment. 

Excerpts of law and forms furnished 
by secretary of state. 

Petitions to which certain sections 
apply. 


Section 

13323-1. Penalty. 

13323-2. Incrimination no excuse from testi¬ 
fying. 

13323-3. Limitation of action. 

ILLEGAL VOTING. 


13250. 

13251. 

13252. 

13253. 


, 13254. 

13255. 

I 13256. 
13257. 

f 13258. 


Voting more than once at same 
election. 

Voting without one year’s residence. 

Voting, a resident of another state. 

Voting, not a resident of the county 
thirty days. 

Voting, not a resident of the pre¬ 
cinct twenty days. 

Voting, not being twenty-one years 
of age. 

Voting, not being a citizen. 

Voting, being under conviction for 
crime. 

Voting by impersonating another. 


PROCURING ILLEGAL VOTE. 


13259. Non-resident of state. 

13260. Non-resident of county. 

13261. Not of legal age. 

13262. Not a United States citizen. 

13263. Other disabilities. 


BALLOTS. 

13264. Putting a fraudulent ballot in box. 

13265. Voting ballot other than official. 

13266. Fraudulently changing a ballot of an 
elector. 

13267. Illegal marking of ballot. 

13268. Inducing an elector to show how he 
marked his ballot. 

13269. Elector permitting ballot to be seen. 

13270. Interfering with an elector when 

marking his ballot. 

13271. Elector marking ballot so as to be 

identified. 

13272. Elector making false statement as to 
inability to mark ballot. 

13273. Having in possession a bollot ille¬ 
gally obtained. 

13274. Election officer deceiving an elector 

in marking his ballot. 

13275. Forging official endorsement on bal¬ 
lot. 

13276. Tearing down, etc., specimen ballot, 

etc. 

1.3277. Destroying lawful ballot. 

13278. Removing ballot outside of enclo¬ 

sure. 

13279. Delaying delivery of ballot. 

13280. Distributing as unlawful ballot. 

13281. Printing an unlawful ballot. 

13282. Further offenses pertaining to print¬ 

ing of ballots. 

132S3. Offenses pertaining to custody or de¬ 
livery of ballots, blanks, poll- 
books, cards of instruction, etc. 

JUDGES AND CLERKS. 

13284. Judges of election knowingly count¬ 

ing fraudulent votes. 

13285. Judges postponing counting, adjourn¬ 

ing or removing ballot box. 

13286. Judge permitting ballots in box at 

opening of polls. 

1.3287. Judge refusing to take oath. 

13288. Judge refusing to administer oatji. 


255 







OFFENSES RELATING TO ELECTIONS. 


256 


Section 

13289. Judge refusing lawful ballot. 

13290. Judge refusing candidate or friend’s 

admission to polls. 

13291. Judge of election receiving unlawful 
vote. 

13292. Judge neglecting to forward notice. 

13293. Judge or clerk distributing ballots 

inside polling rooms. 

13294. Judge or clerk misleading • voter. 

13295. Judge or clerk disclosing how elector 

voted. 

13296. Judge or clerk neglecting official 

duty. 

REGISTRATION. 

13297. Fraudulent registration. 

13298. Inducing same. 

13299. Obtaining registration by personating 

_ another. 

13300. Hindering registration. 

13301. Procuring unlawful erasure in regis¬ 

tration lists. 

13302. Officer permitting false registration. 

13303. Inducing false registration. 

13304. Officer refusing registration. 

13305. Inducing same. 

13306. Inducing registrar to violate law. 

13307. Acting as registrar, judge or clerk 

without certificate of appointment. 

13308. Failure of registrar, judge, etc., to 

appear before election board. 

13309. Neglect of duty by registrar. 

13310. Counterfeiting registration certifi¬ 

cates. 

13311. Perjury before registrar. 


13312. 

13313. 

13314. 

13315. 

13316. 

1.3317. 

13318. 

13319. 

13320. 


13321. 

13322. 


13323. 


13324. 

13325. 


BRIBERY AND CORRUPTION. 

Giving bribe. 

Same. 

Receiving bribe. 

Offender compelled to testify. 

Bribery by candidate at nomination 
convention. 

Receiving bribe at primary election. 

Giving bribe at same. 

Bribery at nomination. 

Money for political purposes by cor¬ 
porations. 

Aid or advice of such use. 

Annual report of corporation there¬ 
on. 

Witnesses under next three preced¬ 
ing sections. 

PRIMARY ELECTION. 

Penalties applying to primary elec¬ 
tions. 

Voting, not a qualified elector. 


Section 

13326. Voting, after objections made. 

13327. Voting, after a change in party. 
13328. Voting, at certain pollmg place. 

13329. Voting, when not a citizen. 

13330. Voting more than once. 

13331. Voting, not a resident. 

13332. Voting under false name, etc. 

13333. Impersonating another. 

13334. Falsely signing certain papers. 

13335. Voting with wrong political party. 
13336. Intimidating elector. 

13337. Omission of duty by judge or super¬ 
visor. 

13338. Official refusing to perform duty. 
13339. Refusing to . testify. 

13340. Witness testifying exempt. 


MISCELLANEOUS. 

12842. Penalty for false affidavit verifying 

petitions. 

12949. Penalty for interfering with privil¬ 

eges of an elector on election day. 

13341. Deceiving elector who cannot read. 

13342. Attempting to speak to a person 

within the guard rail. 

13343. Hindering another from voting. 

13343-1. Printing or posting anonymous at¬ 

tacks on candidate. 

13344. Loitering, etc., near polls. 

13345. Removing or destroying election sup¬ 

plies. 

13346. Destroying certificate of election re¬ 

sult. 

13347. Publishing false statement of elec¬ 

tion results. 

13348. Damage to or destruction of reg¬ 

isters. 

13349. Destroying certificate of nomination, 

etc. 

13350. Fraudulent writing on poll-books or 

tally sheets. 

13351. Destroying ballot box, balots or poll- 
books. 

13352. Unlawfully obtaining or attempting 

to obtain ballot box or ballots. 

13353. Possession of forged or altered poll- 
books, etc. 

13354. Judges may order persons at precinct 
to disperse. 

13355. Violation or neglect in performance 

of duty by deputy supervisors or 
their clerk. 

13356. Same by public officer. 

13357. Failure of sheriff, etc., to obey order 

of judges at election. 

13359. Acting or voting in place of delegate 
or committeeman. 

13360. When prosecutions must begin. 


THE CORRUPT PRACTICES ACT. 

“Committee” SECTION 5 1 75- 1 . The term “committee” or “organiza- 

or “organiza- tion” as hereinafter used, shall include every committee or 
combination of two or more persons co-operating to aid or 
promote the success or defeat of a political party or prin¬ 
ciple, or of any proposition submitted to vote at any elec¬ 
tion, or to aid or take part in the election or defeat of any 
candidate for public office; or to aid or take part in the 
election or defeat of any candidate for nomination at a 
primary election or convention, including all proceedings 
prior to such primary election, or of any candidate for any 
office, whether public or not, to be voted for at a primary 
election; under the primary election law; or any other 
organization or society soliciting or receiving money, as- 



OFFENSES RELATING TO ELECTIONS. 
THE CORRUPT PRACTICES ACT. 


257 


sessments or other things of value, or in any way advocat¬ 
ing or promoting the success or defeat of any candidate for 
office, or of any principal measure or proposition to be voted 
for at any election held in this state; but nothing herein 
contained shall apply to or in respect of any committee or 
organization for the discussion or advancement of political 
or economic questions. (103 v. 578.) 

Section 5175 - 2 . Every candidate who is voted for at 
any election or primary election held within this state, and 
every person, committee or association or persons incorpor¬ 
ated or unincorporated, who may have contributed, prom¬ 
ised, received or expended directly or indirectly any money 
or thing of value in connection with any election held in 
this state, shall within ten days after such election file, as 
hereinafter provided, an itemized statement showing in de¬ 
tail all the moneys or things of value, so contributed, prom¬ 
ised, received or expended, and all liabilities directly or in¬ 
directly incurred in connection with such elections; but in¬ 
dividuals other than candidates making only contributions, 
the receipt of which must be accounted for by others, need 
not file such statement under this section. (103 v. 578 .) 

Section 5175-3. Such statement shall contain the full 
name and address of the candidate, person, committee or 
association making the same, and the names and addresses 
of each candidate, person, or committee or association who 
contributed, promised, received or expended any money or 
thing of value, or incurred directly or indirectly any liability, 
the specific nature of such item, the purpose for which, 
the place where and the date when it was contributed, 
promised, received, expended or incurred and shall specify 
the balance in the hands of the accounting person, commit¬ 
tee, association or candidate, and the disposition to be made 
thereof. (102 v. 321.) 

Section 5175-4. Any individual other than a candidate 
who has expended any money or thing of value for or on 
behalf of any candidate, committee or association which 
may have interested itself in the election or defeat of a can¬ 
didate, or measure, may, instead of filing a statement as 
provided in this section, and if the money or thing of value 
was received from a candidate, committee or association 
shall within five days after such election deliver to such 
candidate, committee or association an account stating in 
detail to whom, when, where, for what purpose and in what 
sums he paid out such money or thing of value, and such 
account shall be attached to and form a part of the state¬ 
ment to be filed by the candidate, committee or association 
as provided in this act. But if a candidate, committee or 
association cannot obtain such account from the person to 
whom he or they advanced any money or thing of value 
within the time in which such statement must be filed, such 
candidate, committee or association shall so recite in his or 
their statement, giving the names and addresses of the per- 


Statement of 
expenditures. 


Statement 
shall con¬ 
tain, what, 


Statement of 
person other 
than candi¬ 
date. 


17 p: L 


2 s8 


OFFENSES RELATING TO ELECTIONS. 


Statements 
and accounts 
signed and 
verified. 


Where state¬ 
ments filed. 


Copies as 
evidence. 


Report to at¬ 
torney gen¬ 
eral of can¬ 
didates re¬ 
quired to file 
statements. 


Secretary of 
state shall 
prepare form. 


THE CORRUPT PRACTICES ACT. v 

sons to whom money or things of value was advanced and 
who failed to account for the same, and the reasons, if any, 
given for such failure. (102 v. 321.) 

Section 5175-5. All statements and accounts of ex¬ 
penditure shall be signed and verified by the candidate, 
president or the duly appointed treasurer of the committee 
or the association filing the same. The verification must 
show every such statement or account to be, to the affiant’s 
own knowledge, a full and true statement or account of all 
contributions made or received by him, or by the committee 
or association of which he is a member, and of the disposi¬ 
tion thereof made and all liabilities incurred by him or such 
committee or association. (103 v. 578.) 

Section 5175-6. Statements required to be filed by 
this section if they relate to the election of candidates for 
offices to be filled by, or propositions submitted to, the elec¬ 
tors of the entire state, or any division or district thereof 
greater than a county, shall be filed in the office of the sec¬ 
retary of state; in all other elections such statements shall 
be filed in the office of the board of deputy state supervisors 
of elections for the county in which such election is held. 
All such statements shall be open to public inspection and 
shall be retained in such office for a period of not less than 
four years and no fee shall be charged for filing the same. 
Copies of such statements, certified by the secretary of state 
or the clerk of the board of deputy state supervisors of elec¬ 
tions with whom the same are filed, under seal (if any) of 
his office, shall be admitted as evidence in all courts with 
like force and efifect as the original would have if produced. 
And said boards of deputy state supervisors of elections 
when such statements are herein required to be filed with 
them and the secretary of state when said statements are 
herein required to be filed with him shall file in the office 
of the attorney general not less than twenty days nor more 
than twenty-five days after any such election a report show¬ 
ing in detail the names of all candidates voted for at any 
such election or other persons required by law to file state¬ 
ments, who have filed their statements as herein provided, 
and the names of all candidates voted for at any such elec¬ 
tion or any other persons who are in default thereof. And 
the attorney general shall forthwith certify to the prose¬ 
cuting attorney in the county where such persons are in de¬ 
fault for statements the names of all candidates or other 
persons who are so in default with instructions to proceed 
against the delinquents. (103 v. 579.) 

Section 5 I 75 “ 7 - The secretary of state shall prepare a 
form of statement required by this, act and at the expense of 
the state shall furnish to the board of deputy state super¬ 
visors of elections for each county, and, upon application, to 
any candidate, committee or other persons or organizations 
required to file such statement under this act. (102 v. 321.) 


OFFENSES RELATING TO ELECTIONS. 
THE CORRUPT PRACTICES ACT. 


250 


Section 5 i 75 ~ 8 . No board, office or officer authorized 
by law to issue commissions or certificates of election shall 
issue a commission or certificate of election to any person 
required by this act to file a statement or statements until 
such statement or statements have been so made, verified 
and filed by such persons as provided by this act. No per¬ 
son, required by this act to file a statement or statements 
shall enter upon the duties of any office to which he may be 
elected until he has filed all statements provided by this act, 
nor shall he receive any salary or emolument prior to the 
filing of the same. (102 v. 321.) 

Section S} 7 S~ 9 - Every committee, association or or¬ 
ganization subject to the provisions of this act, shall appoint 
and constantly maintain a treasurer, who shall be a resident 
of this state, to receive, keep and disburse all sums of money 
which may be collected or received or disbursed by such 
committee, association or organization, or by any of its 
members, for any of the purposes mentioned in this act; 
and unless such treasurer is first appointed and thereafter 
maintained, it shall be unlawful and a violation of this act 
for a political committee or any of its members to collect, 
receive or disburse money for any such purpose. All money 
collected or received or disbursed by any political com¬ 
mittee or by any member or members thereof, for any of 
the purposes mentioned in this act, shall be paid over and 
made to pass through the hands of the treasurer of such 
committee, and shall be disbursed by him; and it shall be 
unlawful and a violation of this act for any committee, 
association or organization, or for any member or members 
thereof to disburse or expend money for any of the objects 
or purposes mentioned in this act until the money so dis¬ 
bursed or expended shall have passed through the hands of 
the treasurer of such committee, association or organization. 
(102 V. 321.) 

Section 5175 - 10 . Every treasurer of any committee, 
association or organization, and every person who shall at 
any time act as such treasurer, shall, whenever he receives or 
disburses money as such treasurer, or for or on account of 
any of the objects or purposes mentioned in this act, imme¬ 
diately enter and thereafter keep, in a proper book or books 
to be provided and preserved by him, a full, true «and de¬ 
tailed statement and account of each and every sum of 
money so received or disbursed by him, setting forth in 
such statement each sum so recieved or disbursed, the ob¬ 
ject and purpose for which it was received or disbursed, 
and the person from whom it was received or to whom it 
was disbursed, as the case may be. Every individual re¬ 
ceiving or disbursing money aggregating more than twenty 
dollars, for or on account of any of the objects and pur¬ 
poses mentioned in this act, unless he receives it from or 
pays it to the treasurer of any committee, association or 
(trganization, shall in like manner keep in a book a detailed 


Certificate of 
election shall 
not issue until 
statement is 
filed. 


Treasurer 
and duties 
of same. 


Records and 
accounts. 


26 o 


OFFENSES RELATING TO ELECTIONS. 


THE CORRUPT PRACTICES ACT. 


Receipted bill 
and vouchers. 


Payment irt 
name of 
another not 
allowed. 


Petition and 
allegations 
for inves¬ 
tigation. 


Where peti¬ 
tion filed. 


written account of his receipts and disbursements. Every 
treasurer and other person required to keep books of ac¬ 
count under this act must preserve the same for a period of 
not less than two years after each election, transactions con¬ 
cerning which are recorded therein. ( 102 v. 321.) 

Section 5175-11. Every payment required to be ac¬ 
counted for shall, unless the total expense payable to any 
one person be not in excess of ten dollars, be vouched for by 
a receipted bill stating the particulars of expense, and every 
voucher, receipt or account hereby required shall be filed 
with such statement. (103 v. 579.) 

Section 5175-12. No person shall, directly or indi¬ 
rectly, himself or through another person, make a payment 
or promise of payment to any committee, association or or¬ 
ganization, or to any person acting under its authority or in 
its behalf, in any name except its own, nor shall such com¬ 
mittee or person knowingly receive a payment or promise of 
payment, or enter or cause the same to be entered in the 
accounts or records of such committee, in any other name 
than that of the person by whom it is made. (102 v. 321.) 

Section 5175-13. Any person or persons who shall 
violate any of the provisions of this act shall be held to be 
guilty of a corrupt practice and shall be punished as here¬ 
inafter provided. (102 v. 321.) 

Section 5175-14. Upon presentation to the court of 
common pleas, or to a judge thereof, or to the probate 
judge, or to any judge of a court of insolvency, or a superior 
court of any city or county within this state, of a verified 
petition, alleging that some person or persons within such 
county have become subject to the requirements of this act 
in regard to filing statements or accounts of election ex¬ 
penses, and have failed to do so, or have filed false or in¬ 
complete statements or accounts, and upon the giving of 
security, as hereinafter provided, the said court or judge 
to whom such petition is presented, shall proceed to a sum¬ 
mary investigation of the charges made in the petition as 
hereinafter set forth. Such petition need not be in any 
particular form, and it may allege such failure or incom¬ 
pleteness upon information and belief, without stating the 
source of such information and belief. But i.t shall name 
the person or persons, from whom a statement or an 
amended statement is required, shall specify in detail some 
grounds of objections to the statement, or shall state some 
facts on which the demand for a statement is based, and 
of the information desired, and may make such further 
allegations as will tend to call the attention of the court and 
the person proceeded against to the particular question 
involved. (102 v. 321.) 

Section 5175-15. The petition provided for in the 
foregoing section may be filed by the attorney general of the 
state, the prosecuting attorney of the county, a candidate 
voted for at the election, in respect to which the allega- 


OFFENSES RELATING TO ELECTIONS. 
the corrupt practices act. 


261 


tions in such petition may relate, or by any five resident 
and qualified voters, who voted at such election. (102 v. 

321.) 

Section 5175" 16. At the time of presenting such peti- Bond, 
tion, the petitioner or petitioners shall file with the clerk of 
such court, an undertaking in the sum of two hundred and 
fifty dollars with sureties to be approved by the court or 
judge thereof, or the clerk, conditioned to pay such costs in 
such proceeding as may be adjudged against such petitioner 
or petitioners; but nothing in this section contained shall re¬ 
quire such undertaking to be filed by the attorney general 
or the prosecuting attorney of any county. (102 v. 321.) 

Section 5 I 75 “I 7 - Upon presentation of such petition order, 
and the giving of the security provided for in the foregoing 
section, the court or judge shall forthwith issue an order, 
which shall be served personally upon the person or per¬ 
sons named in such petition or left at his or their last 
known place of residence not less than seventy-two hours 
prior to the return day thereof, and directing him or them 
to appear and show cause at a certain day within ten days 
after the service of the order, why such person or persons 
should not file a statement of election expenses, or amend 
the statement already filed, ’ and to furnish the court or 
judge, such further information as the court may require 
on the subject. Copies of such order shall be mailed to the 
attorney general of the state and the prosecuting attorney 
of the county wherein such statement is required to be filed, 
except in cases where the attorney general of the state or 
prosecuting attorney of the county institutes the proceeding. 

(102 V. 321.) 

Section 5175-18. Upon the return day mentioned in Hearing, 
the order issued as provided in the foregoing section, the 
court or judge shall forthwith proceed t-o hear the evidence 
and testimony to sustain the demand or charges contained in 
such petition, together with such other demands or charges 
as shall be made during the course of the inquiry, and shall 
be relevant to the subject, and the-evidence in answer 
thereto. (102 v. 321.) 

Section 5175-19. The hearings upon such investiga- Parties, 
tions shall, if practicable, be continued from day to day until 
the final determination of such inquiry. Subpoenas to wit¬ 
nesses to attend the hearings shall be issued and the attend¬ 
ance of such witnesses enforced and evidence oflfered by 
depositions, as in civil actions. The petitioner or any party 
may appear in person or by attorney, and any voter mav 
become a party by filing the bond above mentioned. If, 
upon such hearing, it shall appear that a person or persons 
other than those originally proceeded against, have failed 
to file statements or accounts of election expenses, or have 
filed false or incomplete statements or accounts, such per¬ 
son or persons shall be made parties to the proceedings and 
ordered to attend and answer as if they were originally 
made parties. (102 v. 321.) 


262 


OFFENSES RELATING TO ELECTIONS. 


THE CORRUPT PRACTICES ACT. 


Decision. 


Contempt. 


Wilful intent. 


Limitation. 


Precedence of 
proceeding. 


Appeals. 


Defining cor¬ 
rupt practices. 


Section 5175-20. Within ten days after the close of 
the hearings upon such inquiry the court or judge shall ren¬ 
der its or his decision thereon in writing, wherein shall be 
set forth whether the person or persons against whom the 
petition is brought is subject to the requirements of filing a 
statement or account of election expenses and has failed to 
file, or has filed a false or incomplete statement, and whether 
such failure to file, or the filing of such false or incomplete 
statement is due to wilful intent to defeat the requirements 
of this act. (102 V. 321.) 

Section 5175-21. If such person or persons have 
failed to file such statement or account, or have filed a false 
or incomplete statement or account, the court or judge shall 
render judgment requiring the person or persons proceeded 
against to file the required statement or amendment within 
ten (10) days after the entry of the judgment, and to pay 
the costs of the proceeding; and a failure or a refusal to 
comply with the order of the court in this respect shall be 
deemed a contempt of court. If such person or persons 
have failed to file a statement or have filed a false or incom¬ 
plete statement, and such failure to file, or such false or 
incomplete statement, was due, in the opinion of such court 
or judge, to a wilful intent to defeat the provisions of this 
act, the court or judge shall forthwith transmit a copy of 
its or his decision and of the evidence to the prosecuting 
attorney of the county wherein such statement should be 
filed, and to the attorney general when such statement 
should be filed with the secretary of state, with directions to 
such prosecuting attorney to present the same to the next 
grand jury in the county. (102 v. 321.) 

Section 5175-22. Failure to file a statement or filing 
a materially false or incomplete statement, shall be prima 
facie evidence of wilful intent to defeat the statute. ( 102 
V. 321.) 

Section 5175-23. The petition hereinbefore mentioned 
shall be filed within ninety days after such election. (103 
V. 579 -) 

Section 5175-24. The proceedings upon, and the in¬ 
vestigation of, the charges set forth in said petition, shall 
take precedence and be preferred over all other actions or 
proceedings then pending in said court, or before said judge; 
and, in case of appeals, in the circuit court or supreme 
court. (102 V. 321.) 

Section 5175-25. Appeals may be taken to the circuit 
court from the orders herein provided for in the same man¬ 
ner as in civil action under section 12224 of the General 
Code. (102 V. 321.) 

Section 5175-26. Any person is guilty of a corrupt 
practice if he, directly or indirectly, by'himself or through 
any other person, in connection with, or in respect of any 
election, pays, lends or contributes, or offers or promises to 
pay, lend or contribute any money or other valuable con- 


OFFENSES RELATING TO ELECTIONS. 
THE CORRUPT PRACTICES ACT. 


263 


sideration, for any other purpose than the following mat¬ 
ters and services, at their reasonable, bona fide and cus¬ 
tomary value: 

Rents of halls and compensation of speakers, music and 
fireworks for public meetings, and expenses of advertising 
the same, together with the usual expense incident thereto; 

The preparation, printing and publication of posters, 
lithographs, banners, notices and literary material, reading 
matter, cards and pamphlets, the compensation of agents 
to supervise and prepare articles and advertisements in the 
newspapers, to examine questions of public interest bearing 
on the election, and the report on the same; the pay of news¬ 
papers for advertisements, pictures, reading matter and ad¬ 
ditional circulation; the preparation and circulation of let¬ 
ters, pamphlets and literature bearing on election. The 
transportation to and from the polling place by or under 
authority of the regular executive committee of a political 
party, or issue, of any qualified elector physically infirm, or 
of such inmates of soldiers’ and sailors’ homes who are 
otherwise unable by reason of physical infirmity to go to 
the polls, and who have a physician’s certificate of such 
infirmity. 

Rent of offices and club rooms, compensation of such 
clerks and agents as shall be required to manage the neces¬ 
sary and reasonable business of the election and of attor¬ 
neys at law for actual legal services rendered in connection 
with the election; the preparation of lists of voters and pay¬ 
ment of necessary personal expenses by a candidate; the 
reasonable traveling expenses of the committeemen, agents, 
clerks and speakers; postage, express, telegrams and tele¬ 
phones ; the expenses of preparing, circulating and filing 
petitions for nomination. No party organization or candi¬ 
date shall compensate or hire in any one election precinct 
more than one person to prepare lists of voters. 

Any payment, contribution or expenditure or agree¬ 
ment or offer to pay, contribute or expend any money or 
thing of value for any purpose whatsoever except as herein 
provided is hereby declared to be corrupt practice and in¬ 
validates the election of any person guilty thereof. (106 v. 
437-) 

Section 5175-27. Any person or corporation who di¬ 
rectly or indirectly: 

I. Uses or threatens to use any force, violence or re¬ 
straint, or inflicts or threatens to inflict, any injury, dam¬ 
age, harm or loss, or in any other manner practices intimi¬ 
dation upon or against any person, in order to induce or 
compel such person to vote or refrain from voting at any 
election, or to vote or refrain from voting for or against 
and particular person or persons, or for or against any 
proposition submitted to the voters at such election, or to 
place or cause to be placed, or to refrain from placing or 
causing to be placed, his name upon a registry of voters, or 


Hauling sol¬ 
diers and 
sailors not 
corrupt 
practice. 


Defining 

corrupt 

practices. 


264 


OFFENSES RELATING TO ELECTIONS. 


THE CORRUPT PRACTICES ACT. 

on account of such person having voted or refrained from 
voting at such election, or having voted or refrained from 
voting for or against any particular person or persons, or 
for or against any proposition submitted to voters at such 
election or having registered or refrained from registering 
as a voter; or. 

Defining cor- 2. By abduction, duress or any forcible fraudulent 

rupt practice, device or contrivance whatever impedes, prevents or other¬ 
wise interferes with the free exercise of the elective fran¬ 
chise by any voter, or compels, induces or prevails upon 
any voter to give or retain from giving his vote for or 
against any particular person at any election; or, 

3. Being an employer, pays his employes the salary or 
wages due in envelopes upon which there is written or 
printed any political motto, device or argument containing 
threats, expressed or implied, intended or calculated to 
influence the political opinions or actions of such employes, 
or within ninety days of a general election exhibits in the 
establishment or place where his employes are engaged in 
labor, any handbill or placard containing any threat, notice 
or information, that if any particular ticket or candidate is 
elected or defeated, work in his place or establishment will 
cease in whole or in part, his establishment be closed up, or 
the wages of his employes reduced, or other threats, ex¬ 
pressed or implied, intended or calculated to influence the 
political opinions, actions or votes of his employes, is guilty 
of corrupt practice. 

4. Being the owner, editor or writer of any news¬ 
paper, magazine, society, religious or trade publication, or 
any other publication of any description, whether published 
regularly or irregularly, by an incorporated company, joint 
stock company, partnership or individual within or without 
the state of Ohio, using the columns of any such publica¬ 
tion for the printing of any demand, or demands for prom¬ 
ises, pledges, or committals from candidates for cfiflce or 
printing threats, direct or implied, in the columns of any 
such publications, for the purpose of leading, controlling, 
or intimidating candidates for office, or sending letters, 
petitions, circulars or telegrams from any officer, writer, 
agent or representative of any such publications to candi¬ 
dates for office, soliciting, requesting, or demanding prom¬ 
ises, pledges or committals for any purpose or for any 
reason, or the making of any demand or request verbally 
and personally by any officer, writer, agent or representative 
of any such publications, for promises, pledges or com¬ 
mittals from any candidate for office, or the soliciting or 
receiving of money or its equivalent or anything valuable 
in the shape of presents of horses, vehicles, motor cars, 
jewelry, real estate, bonds, stocks, certificates of interest, 
certificates of deposit, • insurance policies, railroad passes, 
theatre passes, baseball passes, furniture or furnishings for 
residence or office, clothing, furs, or anything else of value. 


OFFENSES RELATING TO ELECTIONS. 
THE CORRUPT PRACTICES ACT. 


265 


from candidates for office by any officer, writer, agent or 
representative of any such publications, is guilty of a cor¬ 
rupt practice. (102 v. 321.) 

Section 5175-28. Any person, who while holding a 
public office, or being nominated or seeking a nomination or 
appointment therefor, corruptly uses or promises to use 
directly or indirectly, any official authority or influence 
possessed or anticipated, in the way of conferring upon 
any person, or in order to secure, or aid any person in se¬ 
curing, any office or public employment, or any nomination, 
confirmation, promotion or increase of salary, upon consid¬ 
eration that the vote or political influence or action of the 
person so to be benefited or of any other person, shall be 
given or used in behalf of any candidate, officer, or party 
or upon any other corrupt conditions or consideration, is 
guilty-of a corrupt practice. (102 v. 321.) 

Section 5175-29. The total amount expended by a 
candidate for public office, voted for at an election, by the 
qualified electors of the state, or any political subdivision 
thereof, for any of the purposes specified in section 26 of 
this act, for contributions to political committees, as that 
term is defined in section i of this act, or for any purpose 
tending in any way, directly or indirectly, to promote or 
aid in securing his nomination and election, shall not ex¬ 
ceed the amount specified herein; by a candidate for gov¬ 
ernor, the sum of five thousand dollars; by a candidate for 
other state elective office the sum of two thousand five hun¬ 
dred dollars; by a candidate for the office of representative 
in congress or presidential elector, judge of the court of 
appeals, the sum of two thousand dollars; by a candidate 
for the office of state senator, the sum of three hundred 
dollars in each county of his district; by a candidate for 
judge of common pleas, probate or insolvency court, the 
sum of five hundred dollars; by a candidate for the office 
of state representative the sum of three hundred and fifty 
dollars; by a candidate for any other public office to be 
voted for by the qualified electors of a county, city, town 
or village, or any part thereof, if the total number of votes 
cast therein for all candidates for the office of governor at 
the last preceding state election, shall be five thousand or 
less, the sum of three hundred dollars. If the total num¬ 
ber of votes cast therein at such last preceding state elec¬ 
tion be in excess of five thousand, the sum of five dollars 
for each one hundred in excess of such number may be 
added to the amounts above specified. Any candidate for 
a public office who shall expend for the purpose above men¬ 
tioned an amount in excess of the amounts herein specified 
shall be guilty of a corrupt practice. (103 v. 580.) 

Section 5i75-29a. The total amount expended, con¬ 
tributed or paid, or offered or promised to be paid, con¬ 
tributed or expended by an individual other than a candidate 
for public office as defined in section 5175-29. for any of the 


Defining 

corrupt 

practices. 


Amount of . 
expenditure 
allowed can¬ 
didates. 


Amount of 
expenditure or 
contribution 
by person 
other than a 
candidate. 


266 


Expenditure 
allowed upon 
submission of 
a proposition. 


A copy of 
proposed law 
or amend¬ 
ment to be 
filed with 
secretary of 
state. 


Designation of 
size of paper 
and type and 
arrangement 
of petition. 


' OFFEN.SES RELATING TO ELECTIONS. 

THE CORRUPT PRACTICES ACT—SAFEGUARDING PETITIONS. 

purposes specified in section 5175-26, or contributions to 
political committees, or for any other purpose tending in any 
way, directly or indirectly, to promote or aid in securing, 
or to aid or take part in defeating, the nomination, the 
election, or the nomination and election of any candidate 
for public office voted for at any election in the state shall 
not exceed ten per cent, of the annual salary of such can¬ 
didate so voted for as aforesaid and for whom, or against 
whom, such contributions, payment or expenditure is made, 
but nothing in this section contained shall apply to the treas¬ 
urer of any political committee acting in his official capacity. 
Any person who shall expend for the purposes above men¬ 
tioned an amount in excess of the amount herein specified 
shall be guilty of a corrupt practice. (103 v. 581.) 

Section 5i75-29b. The total amount paid, lent, con¬ 
tributed or promised to be paid, lent, or contributed by any 
person, directly or indirectly, by himself or through any 
other person in connection with and in respect of an election 
at which a proposition is submitted to, and voted upon by 
the electors of the state or any political subdivisions thereof, 
shall not exceed the sum of one hundred dollars, providing 
the total vote cast for governor at the last preceding elec¬ 
tion in the state, county, city, town or village, or part thereof, 
wherein said election is held shall be five thousand or 
less. If the total number of votes cast therein at such last 
preceding election be in excess of five thousand, the sum 
of one dollar for each one hundred votes in excess of five 
thousand may be added to said amount of one hundred 
dollars. Any person who shall expend for the purposes 
above mentioned an amount in excess of the amounts herein 
specified shall be guilty of a corrupt practice. (103 v. 581.) 

I 

SAFEGUARDING PETITIONS. 

Section 5175-29C. Whoever seeks to propose a law or 
constitutional amendment by initiative petition or to file 
a referendum petition against any law, section, or item in 
any law, may file a duly verified copy of the proposed law, 
constitutional amendment or the law, section, or item to be 
referred, together with a synopsis of the same with the sec¬ 
retary of state before circulating such petition. If such copy 
is not filed with the secretary of state, the persons primarily 
directing the circulation of such initiative or referendum pe¬ 
tition shall within ten days after commencing the circulation 
of such petition, file with the secretary of state a written 
notice setting forth the date when such circulation was com¬ 
menced, and embodying the title and text of such law, sec¬ 
tion, item or constitutional amendment, and signed by one 
of the persons promoting the circulation of said petition. 
(104 V. 119.) 

Section 5i75-29d. The secretary of state shall upon 
application forthwith designate a convenient size for the 
sheets of paper and size of type to be used in printing in- 





OFFENSES RELATING TO ELECTIONS. 

THE CORRUPT PRACTICES ACT — SAFEGUARDING PETITIONS. 


267 


itiative, supplementary and referendum petitions provided 
for in article II, section la and section ig of the constitution, 
and the form and general order of arrangement of such pe¬ 
titions. Such designation shall be uniform with respect to 
all petitions to be voted on at the same election. (104 v. 
119.) 

Section 5175-290. Ten or more qualified electors of 
the state may, by a written communication, submit any pro¬ 
posed law or constitutional amendment to the Legislative 
Reference Department for examination. If such department 
finds such law or constitutional amendment correct as to 
form, it shall so certify and such certification shall be 
printed immediately, under the text of the law or constitu¬ 
tional amendment. 

Whoever proposes to file an initiative or referendum pe¬ 
tition may submit to the attorney general a fair and im¬ 
partial synopsis of such proposed law or amendment and if 
such synopsis is a truthful statement of the contents and 
pui*pose of such proposed law or amendment he shall so 
certify. Such synopsis together with the attorney general’s 
certification may be printed in capital letters immediately 
following the notice provided for in section 5i75-29f. The 
text of the proposed law or amendment shall be printed in 
full at the end of each part of the petition. (104 v. 120.) 

Section 5i75-29f. At the top of each part of the pe¬ 
tition the following words shall be printed in red. 


notice. 

Whoever knowingly signs this petition more than once, 
signs a name other than his own or signs when not a legal 
voter is liable to prosecution. (104 v. 120.) 

Section 5i75-29g. Immediately preceding the text of 
such proposed law or amendment, the following statement, 
which shall include the signature and address of the solicitor, 
must appear, properly filled out. 

In consideration for my services in soliciting signatures 
to this petition I have received or expect to receive from 


of . 

(Insert whatever of value has been received, or is ex¬ 
pected to be received.) 

Signed . 

Solicitor. 


Address . 

(104 V. 120.) 

Section 5i75-29h. No part of a petition as far as 
possible, shall contain the names of electors from more than 
one county, and all the parts of the petition from each county 
from which there are signatures shall be so arranged and 
filed together, that the quota of each county may be easily 
separated from that of other counties. 


Submission of 
proposed law 
or amend¬ 
ment to Legis¬ 
lative Refer¬ 
ence Depart¬ 
ment. 


Certification 
of synopsis 
by attorney- 
general. 


Words which 
shall be 
printed in red. 


Statement to 
be made by 
solicitor. 


Part petition 
should not 
contain names 
from more 
than one 
county; 
transmittal 
to deputy 
state super¬ 
visors. 






268 


Petitions open 
to public 
inspection. 


Comparison of 
signatures and 
report to sec¬ 
retary of 
state. 


Procedure by 
board when 
signatures 
insufficient. 


Hearing to es¬ 
tablish insuf¬ 
ficiency of 
signatures. 


Time within 
which insuf¬ 
ficiency shall 
be proved and 
additional 
sigrnatures 
filed. 


OFFENSES RELATING TO ELECTIONS. 

THE CORRUPT PRACTICES ACT — SAFEGUARDING PETITIONS. 

When any supplementary or referendum petition is 
filed with the secretary of state, the latter shall at once trans¬ 
mit to the board of deputy state supervisors of elections of 
each county, from which there appears names of electors on 
any part petition filed with him, the part petitions containing 
the signatures of electors from that county. (104 v. 120.) 

Section 5175-29!. As soon as the board of deputy state 
supervisors of elections of a county receives the parts of 
the petitions transmitted by the secretary of state,^ it shall 
keep the same open to public inspection until the time it is 
required to return the same to the secretary of state. 

In any county containing a city or cities wherein a 
general registration of voters is required by law, the board 
of deputy state supervisors of elections of such county shall 
carefully compare the names of the electors who signed the 
parts of the petition and who reside in such city, or cities, 
with the registration lists. If any names appear on the 
parts of the petition which are not upon the registration 
lists, such board shall, unless satisfied that the petitioner in 
question is an elector of said county and qualified to sign 
the petition, make a note thereof in its report to the secre¬ 
tary of state. It shall also scrutinize all parts of the peti¬ 
tion, whether from a city or other political subdivision with¬ 
in the county, for repetition of signatures, illegal signatures 
and for the omssion of any of the formal or other requisites 
set forth in the constitution. If said board shall find any 
signature or signatures insufficient, it shall make a note op¬ 
posite such signature or signatures to that effect, and notify 
the person or persons who solicited such signatures, or other 
person or persons interested in the circulation of, the part 
of the petition containing such signatures, of the insufficien¬ 
cy of the same. 

The board of deputy state supervisors of election of said 
county shall proceed to establish the insufficiency of such 
signatures in an action before the court of common pleas 
of such county, which must be brought within three days 
after the aforesaid notice is served and heard forthwith by 
the judge of said court, whose decision in the case shall be 
final. In counties having more than one judge of the court 
of common pleas, it shall be the duty of the presiding judge 
to designate the judge before whom such action shall be 
brought. If the signatures are adjudged sufficient they must 
be included with the others by the board of deputy state 
supervisors of election of the county; if they are found in¬ 
sufficient they shall not be so included. 

The petition and signatures upon the parts of the peti¬ 
tion, properly verified, shall be presumed to be in all re¬ 
spects sufficient, unless not later than forty days before the 
election their insufficiency shall be proved, as herein pro¬ 
vided, and in such event ten additional days shall be al¬ 
lowed by the secretary of state after such petition or parts 
of petition have been returned, for the filing of additional 
signatures to such petition. 


OFFENSES RELATING TO ELECTIONS. 


269 


THE CORRUPT PRACTICES ACT—SAFEGUARDING. PETITIONS. 

Within twenty-five days after the date when the parts 
of the petition were transmitted to it by the secretary of 
state, but not less than fifty days before the election, said 
board shall return the parts of the petition to the secretary 
of state, with a certification of the total number of sufficient 
signatures thereon. The number so certified shall be used by 
the secretary of state in determining the total number of sig¬ 
natures to the petition, which he shall record and announce. 
The signatures to the petition and parts of the petition, 
when so certified, shall be in all respects sufficient. (106 v. 
295 -) 

Section 5i75-29k. The petitioners may designate, in 
any initiative, supplementary or referendum petition, a com¬ 
mittee of not less than three nor more than five of their num¬ 
ber, who may represent them in all matters connected with 
such petitions. Notice of all matters or proceedings per¬ 
taining to said petitions may be served on said committee or 
any of them, either personally or by registered mail, or by 
leaving the same at the usual place of residence of each of 
then. (104 V. 121.) 

Section 5175-29111. (i) The circulator, or his agent, 

of an initiative, supplementary or referendum petition, or a 
petition for additional signatures, for the submission of a 
constitutional amendment, proposed law, law, section or item 
of any law at a state election, shall, within twenty days after 
such petitions are filed with the secretary of state, file with 
such secretary a sworn itemized statement showing in detail: 

(a) All money or things of value paid, given or prom¬ 
ised for circulating such petition. 

(b) All appointments, promotions or increases in sal¬ 
ary in positions not provided for by the constitution or laws 
of Ohio or any municipality therein, which were given or 
promised, or to obtain which assistance was given or prom¬ 
ised as a consideration for work done in circulating petitions. 

(c) Full names and addresses of all persons to whom 
such payments or promises were made. 

(d) Full names and addresses of all persons who con¬ 
tributed anything of. value to be used in circulating such 
petitions. 

(e) Time spent and salaries earned while soliciting 
signatures to petitions by persons who were regular salaried 
employes of some person and whom said employer author¬ 
ized to solicit as a part of their regular duties. 

(2) Such statement shall be open to public inspection 
for a period of one year. 

(3) The statement provided for by this section shall 
not be required from persons who take no other part in cir¬ 
culating a petition than making affidavits to parts of the 
petition and soliciting signatures to the same. (104 v. 122.) 


When petition 
must be re¬ 
turned to 
secretary of 
state; certifi¬ 
cation. 


Designation 
of committee 
to represent 
petitioners. 


Sworn state¬ 
ment of cir¬ 
culator filed 
with secretary 
of state. 


2/0 ‘ OFFENSES RELATING TO ELECTIONS. 

THE CORRUPT PRACTICES ACT—SAFEGUARDING PETITIONS. 


What con¬ 
stitutes cor¬ 
rupt .prac¬ 
tices relative 
to I. and R. 
j)etitions. 


Penalties for 
violations of 
act safe¬ 
guarding I. 
and R. peti¬ 
tions. 


Section 5175-2911. Whoever directly or indirectly: 

(1) Wilfully misrepresents the contents of any initi¬ 
ative, supplementary or referendum petition; or 

(2) Pays or offers to pay any elector anything of 
value for signing an initiative, supplementary or referendum 
petition; or 

(3) Promises to help another to obtain appointment to 
any office provided for by the constitution or laws of Ohio 
or any municipality therein as a consideration for obtaining 
or preventing signatures to an initiative, supplementary or 
referendum petition; or 

(4) Obtains or prevents signatures to any initiative, 
supplementary or referendum petition as a consideration for 
the assistance or promise of assistance, of another person in 
securing an appointment to any position provided for by the 
constitution or laws of Ohio or any municipality therein; or 

(5) Alters or adds to or erases any signatures or 
names, on the parts of a petition after such parts have been 
filed with the secretary of state; or 

(6) Fails to fill out truthfully the blank statement pro¬ 
vided in section 5i75-29g; or 

(7) Fails to file the sworn itemized statement required 
in section 5175-29111; or 

(8) Being a member or an employe of a board of 
deputy state supervisors of elections wilfully reports any 
genuine signature on a part of a, petition as fraudulent or 
knowingly refuses or neglects to report any fraudulent sig¬ 
natures is guilty of corrupt practice. (104 v. 122.) 

Section 5175-290. (i) Whoever knowingly signs an 

initiative, supplementary or referendum petition, more than 
once, signs a name other than his own, or signs when not a 
legal voter, shall, upon conviction, be fined not more than 
one hundred dollars. 

(2) Whoever accepts anything of value for signing an 
initiative, supplementary or referendum petition shall upon 
conviction be fined not to exceed twenty-five dollars. 

(3) Whoever sells, purchases, steals, attempts to steal, 
or wilfully destroys or mutilates an initiative, supplementary 
or referendum petition or a part thereof which is being or 
has been lawfully circulated shall upon conviction be fined 
not to exceed five hundred dollars or be imprisoned in the 
penitentiary not more than five years. The words “sells and 
purchases” shall not be construed to apply to persons paying 
or receiving pay fOr soliciting signatures to, or circulating a 
petition, or parts of a petition. 

(4) Whoever directly or indirectly, by intimidation or 
threats influences or seeks to influence any person to sign or 
abstain from signing or to circulate or abstain from circulat¬ 
ing an initiative, supplementary or referendum petition shall, 
upon conviction, be fined not more than one hundred dollars. 

Whoever fails to file the notice required in section 
5175-29C shall, upon conviction, be fined not more than one 
hundred dollars. (104 v. 123.) 


OFFENSES RELATING TO ELECTIONS. 

ILLEGAL VOTING. 

Section 5175-29P. Corrupt practices as defined in 
this act shall be punished as provided in section 13323-1 of 
the General Code. (104 v. 123.) (See below.) 

Section 5175-294. Excerpts of this act applying to 
circulators, and forms for the statements required to be filed 
by this act, shall be prepared by the secretary of state and 
furnished to prospective circulators free upon application. 
(104 V. 123.) 

Section 5i75-29r. Section 5175-29C to section 5175- 
299 inclusive shall apply only to petitions and elections upon 
petitions upon which it is necessary to file signatures from 
each of one-half of the counties of the state. (104 v. 124.) 

Section 13323-1 Any person convicted of a corrupt 
practice under this act shall be fined not less than one hun¬ 
dred dollars and not more than five hundred dollars, or im¬ 
prisoned in the county jail not to exceed six months, or both ; 
and if he shall have been elected to office, he shall in addi¬ 
tion thereto forfeit such office. (102 v. 321.) 

Section 13323-2. No person shall be excused from 
attending and testifying, or from producing any books, 
papers or other documents before any court or judge upor 
any trial, investigation, or hearing under the provisions of 
this act, upon the ground, or for the reason that the tes¬ 
timony or evidence, documentary or otherwise, required of 
him, may tend to convict him of a crime, or subject him to 
a penalty or forfeiture; but no person shall be^prosecuted or 
subjected to any penalty or forfeiture, for or on account of 
any transaction, matter or thing concerning which he may 
so testify, or produce evidence, documentary or otherwise, 
and no testimony so given or produced shall be received 
against him upon any, criminal investigation or proceeding. 
(102 V. 321.) 

Section 13323-3. All prosecutions under this act must 
be commenced within one year after the commission of the 
act complained of. (102 v. 321-331.) 

ILLEGAL VOTING. 

Section 13250. Whoever votes or attempts to vote 
more than once at the same election shall be imprisoned 
in the penitentiary not less than one year nor more than five 
years. (R. S. Sec. 7050.) 

Section 1325 i. Whoever votes at an election, not hav¬ 
ing been a resident of this state for one year next preceding 
such election, shall be imprisoned not less than one month 
nor more than six months. (R. S. Sec. 7051.) 

Section 13252. Whoever, being a resident of another 
state, votes or attempts to vote at an election in this state, 
shall be imprisoned in the penitentiary not less than one 
year nor more than five years. (R. S. Sec. 7049.) 

Section 13253. Whoever, being a resident of this 
state, votes in a county in which he has not been an actual 
resident for thirty days next preceding the election, shall be 


271 


Punishment. 


Excerpts of 
law and forms 
furnished by 
secretary 
of state. 


Petitions to 
which certain 
sections 
apply. 


Penalty. 


Incrimination 
no excuse 
from testi¬ 
fying. 


Voting more 
than once at 
same election. 


Voting with- 
out_ one year’s 
residence. 


Voting, a 
resident of 
another state. 


Voting, not a 
resident of 
the county 
thirty days. 


2/2 


OFFENSES RELATING TO ELECTIONS. 


Voting, not a 
resident of 
the precinct 
twenty days. 


Voting, not 
being twenty- 
one years of 
age. 


Voting, not 
being a citi¬ 
zen. 


Voting, being 
under convic¬ 
tion of crime. 


Voting by im¬ 
personating 
another. 


Non-resident 
of state. 


Non-resident 
of county. 


Not of legal 
age. 


Not a United 
States citizen. 


PROCURING ILLEGAL VOTE. 

imprisoned in the penitentiary not less than one year nor 
more than three years. (R. S. Sec. 7048.) 

Section 13254. Whoever votes at an election in a pre¬ 
cinct into which he has come for temporary purposes, or, 
being an unmarried man, has not resided therein for twenty 
days next preceding such eleciton, shall be fined not more 
than five hundred dollars or imprisoned not less than three 
months nor more than six months. (R. S. Sec. 7047.) 

Section 13255. Whoever votes at an election, know¬ 
ing that he is not twenty-one years of age, shall be im¬ 
prisoned not less than one month nor more than six months. 
(R. S. Sec. 7051.) 

Section 13256. Whoever votes at an election, know¬ 
ing that he is not a citizen of the United States, shall be 
imprisoned not less than one month nor more than six 
months. (R. S. Sec. 7051.) 

Section 13257. Whoever, being disqualified by con¬ 
viction of crime and not restored to all the rights of a 
citizen, votes at an election, shall be imprisoned not less than 
one month nor more than six months. (R. S. Sec. 7051.) 

Section 15258. Whoever impersonates another per¬ 
son, real or fictitious, living or dead, and votes or attempts 
to vote at an election as an elector in the name of such 
person, shall be imprisoned in the penitentiary not less than 
two years nor more than five years. (R. S. Sec. 7055.) 

PROCURING ILLEGAL VOTE. 

Section 13259. Whoever counsels or advises another 
to vote at an election, knowing that he has not been a 
resident of this state for one year next preceding such 
election, shall be fined not less than one hundred dollars 
nor more than five hundred dollars and imprisoned not 
less than one month nor more than six months. (R. S. Sec. 

7052.) 

Section 13260. Whoever procures, aids, assists, coun¬ 
sels or advises another person to go or come into a county 
for the purpose of voting therein, knowing that such per¬ 
son is not qualified to vote therein, shall be imprisoned in 
the penitentiary not less than one year nor more than five 
years. (R. S. Sec. 7053.) 

Section 13261. Whoever counsels or advises another 
person to vote at an election, knowing that at the time of 
such election such person is not twenty-one years of age, 
shall be fined not less than one hundred dollars nor more 
than five hundred dollars or imprisoned not less than one 
month nor more than six months. (R. S. Sec. 7052.) 

Section 13262. Whoever counsels or advises another 
person to vote at an election, knowing that such person is 
not a citizen of the United States, shall be fined not less 
than one hundred dollars nor more than five hundred doL 


OFFENSES RELATING TO ELECTIONS. 


273 


BALLOTS. 

lars or imprisoned not less than one month nor more than 
six months. (R. S. Sec. 7052.) 

Section 13263. Whoever counsels or advises another 
person to vote at an election, knowing that by reason of 
any disability other than those named in the next four 
preceding sections, such person is not duly qualified to vote 
at the place where and time when such vote is to be given, 
shall be fined not less than one hundred dollars nor more 
than five hundred dollars or imprisoned not less than one 
month nor more than six months. (R. S. Sec. 7052.) 

BALLOTS. 

Section 13264. Whoever, either before or after 
proclamation is made at the opening of the polls, fraudu¬ 
lently puts a ballot or ticket into the ballot box, shall be 
imprisoned in the penitentiary not less than two years nor 
more than five years. (R. S. Sec. 7055.) 

Section 13265. Whoever, knowingly votes or at¬ 
tempts to vote a ballot other than an official ballot lawfully 
obtained by him, shall be fined not less than two hundred 
and fifty dollars nor more than one thousand dollars, or 
imprisoned not less than thirty days nor more than six 
months, or both. (89 v. 449 § 26; R. S. Sec. 7063.) 

Section 13266. Whoever fraudulently or deceitfully 
changes a ballot of an elector, by which such elector is 
prevented from voting for such candidate as he intends to 
do, shall be imprisoned in the penitentiary not less than 
one year nor more than three years. (R. S. Sec. 7054.) 

Section 13267. Whoever, at an election, marks the 
ballot of an elector or hands a marked ballot to him to vote, 
with intent to ascertain how he voted, shall be fined not 
more than fifty dollars and imprisoned not more than ten 
days. (R. S. Sec. 7063.) 

Section 13268. Whoever endeavors to induce an elec¬ 
tor, after voting at an election, to show how he marked 
his ballot at such election, shall be fined not less than twenty- 
five dollars nor more than five hundred dollars or im¬ 
prisoned in jail not more than six months, or both. (89 
V. 450 § 30.) . 

Section 13269. Whoever, being an elector, allows his 
ballot to be seen by another except as provided by law, with 
an apparent intention of letting it be known how he is 
about to vote, shall be fined not less than twenty-five dollars 
nor more than five hundred dollars or imprisoned in jail 
not more than six months, or both. (89 v. 450 § 30.) 

Section 13270. Whoever, at an election, interferes or 
attempts to interfere with an elector when inside the en¬ 
closed place, or when marking his ballot, shall be fined 
not less than twenty-five dollars nor more than five hundred 
dollars or imprisoned in jail not more than six months, or 
both. (89 V. 450 § 30.) 

18 E. E. 


Other dis¬ 
abilities. 


Putting a 
fraudulent 
ballot in 
box. 


Voting ballot 
other than 
official. 


Fraudulently 
changing a 
ballot of an 
elector. 


Marking a 
ballot of an 
elector un¬ 
lawful. 


Inducing an 
elector to 
show how he 
marked his 
ballot. 


Elector per¬ 
mitting bal¬ 
lot to be 
seen. 


Interfering 
with an elec¬ 
tor when 
marking his 
ballot. 


OFFENSES RELATING TO ELECTIONS. 


274 


BALLOTS. 


Elector mark¬ 
ing ballot so 
as to be 
identified. 


Elector rhak- 
ing false 
statement as 
to inability 
to mark 
ballot. 


Having in 
possession a 
ballot illegally 
obtained. 


Election offi¬ 
cer deceiving 
an elector in 
marking his 
ballot. 


Forging offi¬ 
cial endorse¬ 
ment on bal¬ 
lot. 


Tearing down, 
etc., specimen 
ballot, etc. 


Destroying 

lawful 

ballot. 


Removing bal¬ 
lot outside 
of enclosure 


Delaying de¬ 
livery of bal¬ 
lot. 


Distributing 
an unlawful 
ballot. 


Section 13271. Whoever, being an elector, purposely 
marks his ballot so it may be identified after it has been cast 
shall be fined not less than twenty-five dollars nor more than 
five hundred dollars or imprisoned in jail not more than six 
months, or both. (89 v. 450 § 30.) 

Section 13272. Whoever, being an elector, makes a 
false statement as to his inability to mark his ballot, shall 
be fined not less than twenty-five dollars nor more than 
five hundred dollars or imprisoned in jail not more than six 
months or both. (89 v. 450 § 30.) 

Section 13273. Whoever knowingly has in his pos¬ 
session an official ballot illegally obtained shall be fined 
not less than two hundred and fifty dollars nor more than 
one thousand dollars or imprisoned not less than thirty days 
nor more than six months, or both. (89 v. 449 § 26.) 

Section 13274. Whoever, being an election officer, 
deceives an elector in marking his ballot, or marks it other 
than he is lawfully requested to do by such elector, shall 
be fined not less than twenty-five dollars nor more than five 
hundred dollars or imprisoned in jail not more than six 
months, or both. (89 v. 450 § 30.) 

Section 13275. Whoever forges or falsely makes the 
official endorsement on a ballot shall be fined not less than 
one hundred dollars nor more than one thousand dollars or 
imprisoned in jail not more than one year, or both. (89 
V. 449 §28.) 

Section 13276. Whoever wilfully defaces, tears down, 
removes or destroys a card of instruction or specimen ballot 
posted for the instruction of voters shall be fined not less 
than one hundred dollars nor more than one thousand dol¬ 
lars or imprisoned in jail not more than one year, or both. 
(89 V. 449 § 28.) 

Section 13277. Whoever wilfully destroys or defaces 
a lawful ballot shall be fined not less than one hundred dol¬ 
lars nor more than one thousand dollars or imprisoned in 
jail not more than one year, or both. (89 v. 449 § 28.) 

Section 13278. Whoever takes, removes or is found 
in possession of a lawful ballot outside of the enclosure pro¬ 
vided for voting, before the polls have been closed, shall 
be fined not less than one hundred dollars, nor more than 
one thousand dollars or imprisoned in jail not more than 
one year, or both. (89 v. 449 § 28.) 

Section 13279. Whoever wilfully hinders or delays 
the delivery of a lawful ballot to a person entitled to receive 
it shall be fined not less than one hundred dollars nor more 
than one thousand dollars or imprisoned in jail not more 
than one year, or both. (89 v. 449 § 28.) 

Section 13280. Whoever distributes to an elector a 
ballot printed or written contrary to the provisions of law 
shall be fined not more than fifty dollars and imprisoned not 
more than ten days. (R. S. Sec. 7063.) 


OFFENSES RELATING TO ELECTIONS. 


275 


JUDGES AND CLERKS. 


Section 13281. Whoever prints for distribution a 
ballot contrary to the provision of law shall be fined not 
more than fifty dollars, and imprisoned not more than ten 
days. (R. S. Sec. 7063.) 

Section 13282. Whoever, being employed to print or 
engaged in printing the official ballot, prints or causes or 
permits to be printed, an official ballot other than according 
to the copy furnished him by the clerk of the board of elec¬ 
tions or such board, or a. false or fraudulent ballot, or ap¬ 
propriates, gives, delivers or knowingly permits to be taken 
away any of such ballots by a person other than such clerk, 
or board, or wilfully seals up, or causes or permits to be 
sealed up or delivers to such clerk or board, a less number 
of ballots than the number endorsed thereon, shall be fined 
not less than two hundred and fifty dollars nor more than 
one thousand dollars, or imprisoned not less than thirty days 
nor more than six months, or both. (89 v. 449 § 26.) 

Section 13283. Whoever, being a judge or clerk of 
election, printer or other person entrusted with the custody 
or delivery of ballots, blanks, poll-books, cards of instruc¬ 
tion or other required papers, unlawfully opens or permits 
to be opened, a sealed package containing ballots, or gives 
or delivers to another not lawfully entitled thereto, or un¬ 
lawfully misplaces or carries away, or negligently loses or 
permits to be taken from him or fails to deliver, or, except 
as by law provided, destroys.such package of ballots, or a 
ballot, poll-books, card of instruction or other required 
paper, shall be fined not less than one hundred dollars.nor 
more than one thousand dollars or imprisoned in jail not 
more than one year, or both. (89 v. 449 § 27.) 


Printing an 

unlawful 

ballot. 


Further of¬ 
fenses per¬ 
taining to 
printing of 
ballots. 


Offenses per¬ 
taining to 
custody or 
delivery of 
ballots, 
blanks, poll- 
books, cards 
of instruc¬ 
tion, etc. 


JUDGES AND CLERKS. 

Section 13284. Whoever, being a judge of election, 
knowingly permits a ballot or ticket, fraudulently placed in 
a ballot-box, if it can be designated, to be counted with the 
legal votes cast at such election, shall be imprisoned in the 
penitentiary not less than one year nor more than three 
years. (R. S. Sec. 7057.) 

Section 13285. Whoever, being a judge of election, 
after the counting of votes commences as required by law. 
postpones the counting of such votes, adjourns for any time 
or to any place, or removes the ballot-box from the place of 
voting or the custody or presence of all the judges of such 
election, shall be fined not less than one hundred dollars, 
nor more than one thousand dollars and imprisoned not 
more than ten days. (R. S. Sec. 7056.) 

Section 13286. Whoever, being a judge of election, 
permits a ballot or ticket to remain or be in the ballot box 
at the opening of the polls, or be put therein during the 
receiving, counting and certifying the ballots, except when 
lawfully presented by an elector during an election, shall 


Judges of 
election know¬ 
ingly count¬ 
ing fraudu¬ 
lent votes. 


Judges post¬ 
poning count¬ 
ing, adjourn¬ 
ing or remov¬ 
ing ballot 
box. 


Judge permit¬ 
ting ballots in 
box at open¬ 
ing of polls. 


276 


Judge re¬ 
fusing to take 
oath. 


Judge refus¬ 
ing to admin¬ 
ister oath. 


Judge refus¬ 
ing lawful 
ballot. 


Judge refus¬ 
ing candidate 
or friends 
admission to 
polls. 


Judge of elec¬ 
tion receiving 
unlawful vote. 


Judge neg¬ 
lecting to 
forward 
notice. 


Judge or clerk 
. distributing 
ballots inside 
polling room. 


OFFENSES RELATING TO ELECTIONS 
JUDGES AND CLERKS. 

be imprisoned in the penitentiary not less than two years 
nor more than five years. (R. S. Sec. 2926W.) 

Section 13287. Whoever, being a judge of an elec¬ 
tion, refuses to take the oath prescribed by law, shall be 
fined not less than three hundred dollars nor more than 
one thousand dollars and imprisoned not less than three 
months nor more than six months. (R. S. Sec. yo^S.) 

Section 13288. Whoever, being a judge of an elec¬ 
tion, refuses or sanctions the refusal of another judge of 
such election to administer an oath required by law, shall 
be fined not less than three hundred dollars nor more than 
one thousand dollars and imprisoned not less than three 
months nor more than six months. (R. S. Sec. 7058.) 

Section 13289. Whoever, being a judge of an elec¬ 
tion, refuses to receive or sanctions the rejection of a ballot 
from a person, knowing him to have the lawful qualifica¬ 
tions of an elector, shall be fined not less than three hun¬ 
dred dollars nor more than one thousand dollars and im¬ 
prisoned not less than three months nor more than six 
months. (R. S. Sec. 7058.) 

Section 13290. Whoever, being a-judge of an elec¬ 
tion, upon lawful request therefor, refuses to permit the 
respective candidates or not more than three friends of each 
thereof, to be present at such election in the room with the 
judges during the time of receiving and counting the bal¬ 
lots, shall be fined not less than three hundred dollars noi 
more than one thousand dollars and imprisoned not less 
than three months nor more than six months. (R. S. Sec. 

7058.) 

Section 13291. Whoever, being a judge of an elec¬ 
tion knowingly receives or sanctions the reception of a bal¬ 
lot from a person not an elector as prescribed by law, or 
receives or sanctions the reception of a ballot from a per¬ 
son refusing to answer a question in accordance with the 
laws, relating to elections, shall be fined not less than three 
hundred dollars nor more than one thousand dollars and 
imprisoned not less than three months nor more than six 
months. (R. S. Sec. 7058.) 

Section 13292. Whoever, being one of the judges of 
election making an appointment of registrar, judge or clerk 
of election to fill a vacancy caused by absence or removal, 
neglects or fails to send notice thereof to the board of 
deputy state supervisors, or, whoever, being a person to 
whom such notice for such board may be given for delivery 
thereto, neglects or fails to deliver it promptly, shall be fined 
not less than twenty-five dollars nor more than one hun¬ 
dred dollars or imprisoned thirty days, or both. (R. S. 
Sec. 2926W.) 

Section 13293. Whoever, being a judge or clerk of 
election, witness, challenger or other person admitted into 
the polling room at an election, and while therein, from the 
opening of the polls until the ballots are finally counted and 


OFFENSES RELATING TO ELECTIONS. 
REGISTRATION. 


277 


certified, distributes or gives to a person, brings therein or 
has in his possession or control, a ballot or ticket except 
that which he oflfers to the judges as his own vote if an 
elector, shall be fined not less than twenty-five dollars nor 
more than five hundred dollars or imprisoned in jail not 
less than thirty days nor more than one year. (R. S. Sec. 
2926W.) 

Section 13294. Whoever, being a judge or clerk of 
election, misleads an illiterate or blind elector, or an elector 
who is unable to prepare his ballot, or prepares a ballot for 
such elector otherwise than as directed by him, shall be 
fined not less than one hundred dollars nor more than one 
thousand dollars and imprisoned in jail not less than three 
months nor more than twelve months. (89 v. 450 § 29.) 

Section 13295. Whoever, being a judge or clerk of 
election, discloses to any person except when legally re¬ 
quired so to do, how a voter whose ballot he prepared di¬ 
rected such ballot to be prepared, or how such voter voted, 
shall be fined not less than one hundred dollars nor more 
than one thousand dollars and imprisoned in jail not less 
than three months nor more than twelve months. (89 v. 

450 § 29-) 

Section 13296. Whoever, being a judge or clerk of 
an election, on whom a duty is enjoined by law, wilfully 
neglects or corruptly executes such duty, if there is no 
penalty otherwise specifically provided, shall be fined not 
less than three hundred dollars nor more than one thou¬ 
sand dollars and imprisoned not less than three months nor 
more than six months. (R. S. Sec. 7058.) 

REGISTRATION. 

Section 13297. Whoever fraudulently obtains or at¬ 
tempts to obtain registration as an elector in a precinct in 
which he is not a qualified elector shall be imprisoned in the 
penitentiary not less than one year nor more than three 
years. (R. S. Sec. 2926W.) 

Section 13298. Whoever knowingly induces or at¬ 
tempts to induce, - aids or abets a person to obtain or ap¬ 
ply for registration as an elector in a precinct where such 
person is not a qualified elector, shall be imprisoned in the 
penitentiary not less than one year nor more than three 
years. (R. S. Sec. 2926W.) 

Section 13299. Whoever, falsely personates or as¬ 
sumes the name of another, real or fictitious, living or dead, 
in obtaining or attempting to obtain registration in such 
assumed name as an elector, or falsely obtains or applies 
for registration as an elector in a name other than his own, 
or fraudulently aids or abets another committing or attempt¬ 
ing to commit either of such offenses, shall be imprisoned 
in the penitentiary not less than two years nor more than 
five years. (R. S. Sec. 2926W.) 




clerk mis¬ 
leading voter. 


Judge or clerk 
disclosing how 
elector voted. 


Judge or clerk 
neglecting of¬ 
ficial duty. 


Fraudulent 

registrations. 


Inducing 

same. 


Obtaining reg¬ 
istration^ by 
personating 
another. 


278 


OFFENSES RELATING TO ELECTIONS. 


Hindering 

registration. 


Procuring un¬ 
lawful erasure 
in registration 
lists. 


Officer per¬ 
mitting false 
registration. 


Inducing false 
registration. 


Officer re¬ 
fusing regis¬ 
tration. 


Inducing 

same. 


Inducing reg¬ 
istrar to 
violate law. 


REGISTRATION. 

Section 13300. Whoever fraudulently or unlawfully 
prevents, hinders or delays an elector from applying for 
registration as an elector in the precinct where such elector 
resides and is entitled to vote, or attempts so to do, with in¬ 
tent to deprive such elector of his right to vote, shall be 
fined not less than fifty dollars nor more than five hun¬ 
dred dollars, and imprisoned in jail not less than thirty days 
nor more than six months. (R. S. Sec. 2926W.) 

Section 1330 i. Whoever, by false statement or other 
unlawful means, procures, aids, or attempts to procure, the 
erasure or striking out on the register or duplicate list in a 
precinct of the name of a qualified elector therein, shall be 
imprisoned in the penitentiary not less than one year nor 
more than three years. (R. S. Sec. 2926W.) 

Section 13302. Whoever, being a registrar of elec¬ 
tors, or other registering officer, enters or consents to the 
entry in a register or duplicate list of electors in a precinct, 
the name of a person whom he knows or has good reason 
to believe is not a qualified voter therein, shall be imprisoned 
in the penitentiary not less than one year nor more than 
five years. (R. S. Sec. 2926W.) 

Section 13303. Whoever, by gift, promise, offer, 
coercion, intimidation or other unlawful means, induces or 
influences, or attempts to induce or influence a registrar of 
electors or other registering officer, to enter in the register 
or duplicate list of electors in a precinct, the name of a 
person, real or fictitious, living or dead, who is not a quali¬ 
fied elector therein, shall be imprisoned in the penitentiary 
not less than one year nor more than three years. (R. S. 
Sec. 2926W.) 

Section 13304. Whoever, being a registrar of elec¬ 
tion, or other registering officer, upon request, refuses, 
neglects or hinders the registration of a qualified voter who 
offers to comply with the laws relating to registering, shall 
be imprisoned in the penitentiary not less than one year 
nor more than five years. (R. S. Sec. 2926W.) 

Section 13305. Whoever fraudulently induces a reg¬ 
istrar or registering officer, to refuse registration in a pre¬ 
cinct to an elector thereof, shall be imprisoned in the peni¬ 
tentiary not less than one year nor more than three years. 
(R. S. Sec. 2926W.) 

Section 13306. Whoever, unlawfully prevents, hin¬ 
ders or delays a registrar or registering officer from regis¬ 
tering a person lawfully entitled to be registered, or in¬ 
fluences or induces such registrar or registering officer to 
violate, refuse or neglect the execution of a lawful rule or 
duty of his office, shall be imprisoned in the penitentiary 
not less than one year nor more than three years. (R. S. 
Sec, 2926W.) 


OFFENSES RELATING TO ELECTIONS. 

BRIBERY AND CORRUPTION. 

Section 13307. Whoever acts as a registrar, judge or 
clerk of election without having received a certificate of 
appointment from the board of deputy state supervisors, 
except a judge and clerk appointed to fill a vacancy caused 
by absence or removal or whoever being so appointed, acts 
without notice thereof having been sent to such board, 
shall be fined not less than twenty-five dollars nor more 
than one hundred dollars or imprisoned thirty days, or 
both. (R. S. Sec. 2926W.) 

Section 13308. Whoever, being an elector in a city 
in which registration of electors is required by law, having 
been selected by the board of deputy state supervisors as 
a registrar of electors, judge of election, additional judge 
of election, or clerk of election in such city, fails to appear 
for examination, as to his qualifications therefor, before 
such board at its office within twenty-four hours, after 
notice served personally upon him, or left at his usual place 
of residence, or having been appointed to one of the offices 
afore mentioned, refuses or neglects to take and subscribe 
the required oath of office, unless excused by such board, 
shall be fined not less than twentyfive dollars nor more 
than one hundred dollars or imprisoned in the county jail 
not more than fifteen days, or both. (R. S. Sec. 2926e.) 

Section 13309. Whoever, being lawfully appointed 
registrar of election, fails to be at the place designated for 
registration in the precinct in which he resides during the 
hours set for the registration of electors, or fails to deposit 
the registers of electors at the office of the board of deputy 
state supervisors in accordance with law, or fails to post 
the printed list required by law, shall be fined not less than 
twenty-five dollars nor more than one hundred dollars or 
imprisoned in the county jail not more than fifteen days, 
or both. (R. S. Sec 2926e.) 

Section 13310. Whoever makes, issues, utters or pub¬ 
lishes a false or counterfeit certificate of registration author¬ 
ized by law to be granted by registrars of electors and 
boards of deputy state supervisors, or fraudulently alters 
such certificate granted by such officers, shall be imprisoned 
in the penitentiary not less than two nor more than five 
years. (R. S. Sec. 2926W.) 

Section 1331 i. Whoever wilfully and corruptly 
swears or affirms falsely upon a lawful examination by 
or before a registrar or registering officer as provided by 
law, shall be imprisoned in the penitentiary not less than 
one year nor more than five years. (R. S. Sec. 2926W.) 

BRIBERY AND CORRUPTION. 

Section 13312. Whoever gives or lends, or offers or 
promises to give, lend, procure or endeavor to procure 
money or other valuable consideration, to or for an elec¬ 
tor or other person, to induce such elector to register or 


279 


Acting as reg¬ 
istrar, judge, 
or clerk, with¬ 
out certificate 
of appoint¬ 
ment. 


Failure of 
registrar, 
judge, etc., 
to appear be¬ 
fore election 
beard. 


Neglect of 
duty by 
registrar. 


Counterfeiting 

registration 

certificates. 


Perjury be¬ 
fore registrar. 


Giving bribe. 


28 o 


OFFENSES RELATING TO ELECTIONS. 
BRIBERY AND CORRUPTION. 


Same. 


Receiving 

bribe. 


Offender 
compelled 
to testify. 


refrain from registering for an election, or vote or refrain 
fom voting at an election, or vote or refrain from voting 
at an election for a particular person, question or propo¬ 
sition, or on account of such elector having registered or 
refrained from registering, or voted or refrained from 
voting, or voted or refrained from voting for a particular 
peson, question or proposition, shall be fined not more 
than five hundred dollars or imprisoned in the penitentiary 
not more than three years, or both, and shall forfeit the 
office to which he was elected at the election with reference 
to which such offense was committed. (89 v. 451 § 32; 
98 V. 227 § 35,) 

Section 13313. Whoever gives, offers or procures, 
or promises or endeavors to procure an office, place or 
employment to or for an elector or other person, in order 
to induce such elector to register or refrain from register¬ 
ing for an election, of vote or refrain from voting at an 
election, or vote or refrain from voting at an election for a 
particular person, question or proposition, or advances, pays 
or causes to be paid, money or other valuable thing to or for 
the use of another, with the intent that it or part thereof 
shall be used in bribery at an election, shall be fined not 
more than five hundred dollars or imprisoned in the peni¬ 
tentiary not more than three years, or both, and shall for¬ 
feit the office to which he was elected at the election with 
reference to which such offense was committed. (89 v. 
451 § 32; 98 V. 227 § 35.) 

Section 13314. Whoever, being an elector, before, 
during or after an election, receives, agrees or contracts for 
money, gift, loan or other valuable consideration, office, 
place or employment, for himself or another for register¬ 
ing or agreeing to register, or refraining or agreeing to 
refrain from registering for an election, or for voting or 
agreeing to vote, or refraining or agreeing to refrain from 
voting at an election, or for voting or agreeing to vote, or 
refraining or agreeing to refrain from voting for a par¬ 
ticular person, question or proposition at an election, shall 
be fined not more than five hundred dollars or imprisoned 
not more than one year, or both, and be excluded from 
the right of suffrage for five years next succeeding such 
conviction. (89 v. 451 § 33; 98 v. 227 § 35.) 

Section 13315. A person violating a provision of the 
next three preceding sections is a competent witness against 
another so offending, and may be compelled to testify upon 
a trial, hearing or investigation, but the testimony so given 
shall not be used in a prosecution or proceeding, civil 
or criminal, against the person so testifying, and he shall 
not be liable thereafter to indictment, prosecution or pun¬ 
ishment for the offense with reference to which his testi¬ 
mony was given and the giving of such testimony shall bar 
such indictment or prosecution. (98 v. 227 § 35.) 


OFFENSES RELATING TO ELECTIONS. 
BRIBERY AND CORRUPTION. 


281 


Section 13316. Whoever, being a candidate for nomi¬ 
nation to an office in a convention held as provided by law, 
pays or promises to pay money or property to a delegate 
for obtaining his influence or vote for such nomination, 
shall be fined not less than one hundred dollars nor more 
than five hundred dollars, and if nominated and elected to 
such office, shall forfeit it and be disqualified from voting 
or being nominated at such election or convention. (R. S. 
Sec. 7042.) 

Section 13317. Whoever solicits, requests, demands 
or receives money, intoxicating liquor or other thing of 
value, or the promise thereof, to influence his vote, or to 
be used, or under the pretense of being used to procure* 
the vote of another or to be used at a poll or other place 
prior to or on the day of a primary election for or against 
a candidate to be voted upon at such election, shall be fined 
not less than one hundred dollars nor more than five hun¬ 
dred dollars or imprisoned in the penitentiary for one 
year, or both. (97 v. 107 § 2; 99 v. 224 § 42.) 

Section 13318. Whoever gives money, property, fee 
or reward for the vote or influence of a person in favor of 
or against a candidate for nomination at an election held 
under the law relating to primary elections, shall be fined 
not less than one hundred dollars and imprisoned in the 
penitentiary not more than two years. (R. S. Sec. 7039.) 

Section 13319. Whoever gives a reward, fee, money 
or property to influence the vote of a delegate or an elector 
in favor of or against a candidate, or for labor or service 
rendered or to be rendered to a candidate for nomination 
or election to an office, or for expense incurred in his behalf, 
shall be fined not more than five hundred dollars and im¬ 
prisoned in the penitentiary not more than five years. (R. 
S. Sec. 7041.) 

Section 13320. Whoever, being a corporation engaged 
in business in this state, directly or indirectly pays, uses, 
offiers, or consents or agrees to pay or use money or prop¬ 
erty for, or in aid of a political party, committee or organ¬ 
ization, or for or in aid of a candidate for political office, 
or for a nomination thereto, or uses money or property 
for any political purpose whatever, or for the re-imburse- 
ment or indemnification of any person or persons for 
money or property so used, shall be fined not less than 
five hundred dollars nor more than five thousand dollars. 
(99 v. 23, 24 §§ I, 3.) 

Section 13321. Whoever, being an officer, stock¬ 
holder, attorney or. agent of a corporation violating the 
next preceding section, participates in, aids or advises sxich 
violation or solicits or knowingly receives money or prop¬ 
erty in violation of such section, shall be fined not more 
than one thousand dollars or imprisoned not more than one 
year, or both. (99 v. 24 § 3.) 


Bribery by 
candidate at 
nominating 
convention. 


Receiving 
bribe at 
primary 
election. 


Giving bribe 
at same. 


Bribery at 
nomination. 


Money for 
political pur¬ 
poses by 
corporations. 


Aid or advice 
in such case. 


282 


OFFENSES RELATING TO ELECTIONS. 


Annual report 
of corporation 
thereon. 


Witnesses 
under next 
three preced¬ 
ing sections. 


Penalties ap¬ 
plying to pri¬ 
mary elec¬ 
tions. 


\'oting, not 
a qualified 
elector. 


V'oting, after 

objection 

made. 


Noting, after 
a change in 
party. 


N oting at cer¬ 
tain polling 
place. 


PRIMARY ELECTION. 

Section 13322. Whoever, being a corporation for 
profit, violates any provision of the law requiring it to 
make out, have sworn to by an officer thereof who has 
knowledge of the facts, and file with the secretary of state, 
auditor of state or state superintendent of insurance, an 
affidavit respecting the use of its funds or property for 
political purposes, or its consent thereto, shall be fined not 
less than fifty dollars nor more than five hundred dollars. 
(99 V. 24 § 3.) 

Section 13323. A person violating any of the next 
three preceding sections is a competent witness against 
another person so offending and may be compelled to attend 
and testify on a trial, hearing, proceeding or investigation 
thereof. The testimony so given shall not be used in a 
prosecution or proceeding, civil or criminal, against the 
person so testifying nor shall such person, thereafter be 
liable to indictment, prosecution or punishment for the 
offense with reference to which his testimony was so given, 
and he may plead or prove the giving of such testimony in 
bar of such indictment or prosecution. (99 v. 24 § 3.) 

PRIMARY ELECTION. 

Section 13324. All provisions and requirements of 
law to preserve and protect the purity of elections, and 
all penalties for the violation of such laws shall apply and 
be enforced as to all primary elections. (99 v. 224 § 43; 
R. S. Sec. 7045.) 

Section 13325. Whoever votes at a primary election 
Nvhen he can not become a qualified elector in such precinct 
at or before the next election, shall be fined not less than 
fifty dollars nor more than two hundred dollars or im¬ 
prisoned not less than ten days nor more than sixty days, 
or both. (R. S. Sec. 7043.) 

Section 13326. Whoever casts a ballot at a primary 
election after objection has been made and sustained to 
his vote, shall be fined not less than fifty dollars nor more 
than two hundred dollars or imprisoned not less than ten 
days nor more than sixty days, or both. (R. S. Sec. 

7043-) 

Section 13327. Whoever votes at a primary election, 
not having voted at the last general election, held in an 
even-numbered year, with the political party with which 
he desires, or offers, to vote at such primary election, 
unless he is a first voter, or did not vote at such general 
election, shall be fined not less than one hundred dollars 
nor more than three hundred dollars or imprisoned in the 
penitentiary for one year, or both. (97 v. 107 § i.) 

Section 13328. Whoever votes at a primary election 
at a place other than at the polling place in the precinct 
wherein he resides, shall be fined not less than one hundred 
dollars nor more than three hundred dollars or imprisoned 
in the penitentiary for one year, or both . ( 97 v. 107 §1.) 


OFFENSES RELATING TO ELECTIONS. 

PRIMARY ELECTION. 


283 


Section 13329- Whoever, not being a citizen of the 
United States, votes at a primary election shall be fined not 
less than fifty dollars nor more than two hundred dollars or 
imprisoned in jail not less than ten days nor more than 
sixty days, or both. (R. S. Sec. 7043.) 

Section 13330. Whoever votes more than once at 
the same primary election, shall be imprisoned in the 
penitentiary not less than one year nor more than five 
years.. (99 v. 223 § 38; 97 v. 107 § i.) 

Section 13331. Whoever votes at a primary election 
not being an elector resident of the precinct, ward or town¬ 
ship in which he votes, shall be fined not less than one hun¬ 
dred dollars nor more than three hundred dollars or im¬ 
prisoned in the penitentiary for one year, or both. (97 v. 
107 § I.) 

Section 13332 . Whoever votes or attempts to vote, 
or tenders to the judge of election, for deposit in the ballot 
box, a ticket at a primary election knowing that he is not 
a qualified elector, or votes under an assumed or false 
name, shall be imprisoned in the penitentiary not less than 
one year nor more than three years. (99 v. 223 § 36.) 

• Section 13333. Whoever personates another for the 
purpose of voting, or attempts to vote at a primary election 
by claiming or assuming the name or place of an elector, 
shall be imprisoned in the penitentiary not less than one 
year nor more than five years. (99 v. 223 § 36.) * 

Section 13334. Whoever, with intent to defraud or 
deceive, writes or signs the name of another person to any 
document, nomination paper or book, authorized or re¬ 
quired by the laws relating to primary elections, shall be 
guilty of forgery and be imprisoned in the penitentary 
not less than one year nor more than three years. (99 v. 
223 § 36.) 

Section 13335. Whoever votes or attempts to vote 
at the primary election of a political party other than the 
political party with which he has affiliated as defined by law, 
shall be fined not less than fifty dollars nor more tha.'i 
live hundred dollars or imprisoned in jail not less than 
three months nor more than six months, or both. (99 v. 

223 § 37-) . . . 

Section 13336. Whoever attempts to intimidate an 
elector or a supervisor or judge of an election held under 
the laws relating to primary elections or interferes with or 
disturbs such election, shall be fined not more than one 
hundred dollars and imprisoned not less than twenty days 
nor more than thirty days. (R. S. Sec. 7040.) 

Section 13337. Whoever, being a supervisor or judge 
of a primary election, wilfully omits a duty imposed upon 
him by law, shall be fined not less than fifty dollars nor 
more than two hundred dollars or imprisoned in jail not 
less than ten days nor more than sixty days, or both. (R 
S. Sec. 7043. ) 


Voting, when 
not a citizen. 


Voting more 
than once. 


Voting, not 
a resident. 


Voting under 
false name, 
etc. 


Impersonat¬ 
ing another. 


Falsely sign¬ 
ing certain 
papers. 


Voting with 
wrong politi¬ 
cal party. 


Intimidating 

elector. 


Omission of 
duty by su¬ 
pervisor, or 
judge. 


284 


OFFENSES RELATING TO ELECTIONS. 


Official refus¬ 
ing to per¬ 
form duty. 


Refusing to 
testify. 


Witness tes¬ 
tifying ex¬ 
empt. 


Penalty for ^ 
false affidavit 
verifying 
petitions. 


Penalty for 
interfering 
with privi¬ 
leges of an 
elector on 
election day. 


MISCELLANEOUS. 

Section 13338. Whoever wilfully refuses or neglects 
to perform a duty prescribed by the laws regulating the 
conduct of primary elections, for which no other penalty 
is provided by law, shall be fined not less than five dollars 
nor more than fifty dollars or imprisoned in the county 
jail not less than five days nor more than thirty days, or 
both. (99 V. 223 § 29.) 

Section 13339. Whoever, having been duly sub¬ 
poenaed or ordered to appear before a grand jury, court, 
board or officer in a proceeding or prosecution upon com¬ 
plaint, information, affidavit or indictment, for an ofifense 
under the laws relating to primary elections, fails so to do, 
or having appeared, refuses to answer a question pertinent 
to the matter under inquiry o.r investigation, or refuses to 
produce, upon reasonable notice, any material, books, papers, 
documents or records in his possession or under his control, 
shall be fined not less than one hundred dollars nor more 
than five thousand dollars and imprisoned in jail not less 
than thirty days nor more than six months. (99 v. 224 
§ 44 -) 

Section 13340. In a proceeding or prosecution 
brought under the laws relating to primary elections, if a 
person is called to testify, he shall be required to testify 
to all facts of which he has knowledge, and the fact that 
he has so testified shall forever be a bar to a prosecution 
brought against him for violating such laws as to such mat¬ 
ters to which he may have testified. (99 v. 224 § 44; 
97 V. 107 § 3.) 

MISCELLANEOUS. 

Section 12842. Whoever, either orally or in writing 
on oath lawfully administered, wilfully and corruptly states 
a falsehood as to a material matter in a proceeding before a 
court, tribunal or officer created by law, or in a matter in re¬ 
lation to which an oath is authorized by law, including an 
oath taken by any person making any affidavit required for 
verifying or filing a nominating, initiative, supplementary 
or referendum petition, or part thereof, is guilty of perjury 
and shall be imprisoned in the penitentary not less than one 
year nor more than ten years. (104 v. 7.) 

Section 12949. Whoever, being an employer, his 
officer, or agent, discharges an elector because he fails or 
refuses to labor on the first Tuesday after the first Monday 
in November, between the hours of twelve o’clock noon, 
central standard time, and five-thirty o’clock p. m. central 
standard time, or requires or orders any elector in his 
employ to accompany him to a voting place upon such day, 
or who refuses to permit such elector to serve as an election 
official on any election day, shall be fined not more than 
twenty-five dollars. (103 v. 94.) 


OFFENSES RELATING TO ELECTIONS. 

MISCELLANEOUS. 

Section 13341. Whoever furnishes a ballot to an 
elector who can not read, informing him that it contains a 
name different from those which are written or printed 
thereon, with intent to induce him to vote contrary to his 
inclination, shall be imprisoned in the penitentiary not less 
than one year nor more than three years. (R. S. Sec. 

7054-) 

Section 13342. Whoever, at an election, speaks or at¬ 
tempts to speak to a person while within the.guard rail, 
except as provided by law, shall be fined not less than 
twenty-five dollars nor more than five hundred dollars or 
imprisoned in jail not more than six months, or both. (89 
V. 450 § 20.) 

Section 13343. Whoever wilfully hinders or delays 
an elector from voting at an election, shall-be fined not 
less than one hundred dollars nor more than one thousand 
dollars or imprisoned in jail not more than one year, or 
both. (89 V. 449 § 28.) 

Section i 3343-1. Whoever writes, prints, posts or dis¬ 
tributes, or causes to be written, printed, posted or dis¬ 
tributed, a circular or advertisement which is designed to 
promote the election of a candidate, or to injure or defeat 
any candidate for election at any primary or any general 
election, or to influence the voters in any primary or any 
general election, or to influence the voters on any constitu¬ 
tional amendment, unless there appears on such circular or 
poster, or advertisement, in a conspicuous place, either the 
names of the chairman or secretary, or of two officers of the 
organization issuing the same, or of some voter who is re¬ 
sponsible therefor with his name and address, shall be 
guilty of a misdemeanor and shall be fined not less than one 
hundred dollars, nor more than one thousand dollars, or 
imprisoned not more than one year, or both. (106 v. 350.) 

Section 13344. Whoever, within the boundaries of a 
municipality and within one hundred feet of the polling 
place of an election, loiters upon the streets, alleys or side¬ 
walks during the receiving and counting of the ballots or 
hinders or delays an elector in reaching or leaving the place 
fixed for the casting of such ballots shall be' fined not less 
than five dollars nor more than one thousand dollars or im¬ 
prisoned in jail not less than five days nor more than thirty 
days, or both. The judges of election may order the arrest 
of a person violating this section, but such arrest shall not 
prevent such person from voting if entitled so to do. (R. 
S. Sec. 2938.) 

Section 13345. Whoever, during an election, wilfully 
removes or destroys any of the supplies or conveniences 
furnished to enable a voter to prepare his ballot, shall be 
fined not less than one hundred dollars nor more than one 
thousand dollars or imprisoned in jail not more than one 
year, or both. (89 v. 449 § 28.) 


285 


Deceiving 
elector who 
cannot read. 


Attempting 
to speak to 
a person 
within the 
guard rail. 


Hindering 
another from 
voting. 


Printing or 
posting anony¬ 
mous attacks 
on candi¬ 
dates. 


Loitering, 
etc., near 
polls. 


Removing or 
destroying 
election sup¬ 
plies. 


286 


OFFENSES RELATING TO ELECTIONS. 


Destroying 
certificate of 
election 
result. 


Publishing 
false state¬ 
ment of elec¬ 
tion results. 


Damage to or 
destruction of 
registers. 


Destroying 
certificate of 
nomination, 
etc. 


Fraudulent 
writing on 
poll books or 
tally sheets. 


Destroying 
ballot box, 
ballots or 
l)oll-books. 


MISCELLANEOUS. 

Section 13346. Wihoever, wilfully destroys, defaces 
or conceals a lawful certificate or statement of the result of 
an election entrusted to him or his care for delivery, shall 
be imprisoned in the penitentiary not less than two years 
nor more than five years. (R. S. Sec. 2926W.) 

Section 13347. Whoever makes, issues, utters or pub¬ 
lishes a false certificate, statement or proclamation of the 
result of an election, knowing it to be false, shall be im¬ 
prisoned in the penitentiary not less than two years nor 
more than five years. (R. S. Sec. 2926W.) 

Section 13348. Whoever wilfully mars, damages or 
destroys a register of electors, or a portion thereof, shall be 
fined not less than twenty-five dollars nor more than one 
hundred dollars or imprisoned in the county jail not more 
than fifteen days, or both. (R. S. Sec, 2926e.) 

Section 13349. Whoever, falsely makes or wilfully 
defaces or destroys a certificate of nomination, nomination 
paper or part thereof or a letter of withdrawal, or signs 
such certificate or paper contrary to law, or files a certifi¬ 
cate of nomination, nomination paper or letter of with¬ 
drawal, knowing it or part thereof to be falsely made, or 
suppresses a certificate of nomination or nomination paper, 
or part thereof, which has been duly filed, shall be fined not 
less than one hundred dollars nor more than one thousand 
dollars or imprisoned in jail not more than one year, or 
both. (89 y. 440 § 28.) 

Section 13350. Whoever, from the time ballots are 
cast or voted until the time has expired for using them as 
evidence in a contest of election, wilfully and with fraudu¬ 
lent intent, inscribes, writes or causes to be inscribed or 
written in or upon a poll-book tally-sheet or list, lawfully 
made or kept at an election, or in or upon a book or paper 
purporting to be such, or upon an election return, or upon 
a book or paper containing such return, the name of a per¬ 
son not entitled to vote at such election or not voting there¬ 
at, or a fictitious name, or, within such time, wrongfully 
changes, alters, erases or tampers with a name, word or 
figure contained in such poll-book, tally-sheet, list-book or 
paper, or falsifies, marks or writes thereon with intent to 
defeat, hinder or prevent a fair expression of the will of 
the people at such election, shall be imprisoned in the peni¬ 
tentiary not less than one year nor more than three years. 
(R. S. Sec. 7061). 

Section 13351* Whoever, from the time ballots are 
cast or voted until the time has expired for using them as 
evidence in a contest of election, unlawfully destroys or at¬ 
tempts to destroy a ballot box or poll-book used at an elec¬ 
tion, or destroys, falsifies, marks or writes on a ballot cast 
or voted or changed, alters, erases or tampers with a name 
on a ballot cast or voted, shall be imprisoned in the peni¬ 
tentiary not less than one year nor more than five years. 
(R. S. Sec. 7060.) 


OFFENSES RELATING TO ELECTIONS. 


287 

MISCELLANEOUS. 


Section 13352. Whoever, at an election, unlawfully, 
either by force, fraud or other improper means, obtains or 
attempts to obtain possession of a ballot box or ballots 
therein deposited, while the voting at such election is going 
on or before the ballots therein are lawfully taken out and 
enumerated by the judges of election, shall be imprisoned 
in the penitentiary not less than one year nor more than 
three years. (R. S. Sec. 7059.) 

Section 13353. Whoever has in his possession a 
falsely made, altered, forged or counterfeited poll-book, 
tally-sheet, list or election return of an election, knowing it 
to be such with intent to hinder, defeat or prevent a fair 
expression of the popular will at such election, shall be im¬ 
prisoned in the penitentiary not less than one year nor more 
than three years. (R. S. .Sec. 7062.) 

Section 13354. Whoever, being one of two or more 
persons congregating in or about a voting place, during the 
receiving of ballots, so as to hinder or delay an elector in 
casting his ballot, having been ordered by the judges of 
election to disperse, refuses so to do, shall be fined not less 
than twenty dollars nor more than three hundred dollars 
or imprisoned in jail not more than six months, or both. 
The judges of election, upon complaint being made that 
such persons are so hindering or delaying an elector, and 
being satisfied that there are substantial grounds for such 
complaint, shall order such persons to disperse. (R. S. 
Sec. 2951.) 

Section 13355. Whoever, being a deputy state super¬ 
visor of elections, or clerk of such deputy supervisors,'upon 
whom a duty is imposed by law, wilfully or negligently vio¬ 
lates or neglects to perform such duty, or wilfully performs 
it in such a way as to hinder the objects of the law, or wil¬ 
fully disobeys any law incumbent on him, shall be fined not 
less than one hundred dollars nor more than one thousand 
dollars or imprisoned in jail not more than one year, or 
both. (89 V. 460 § 9.) 

Section 13356. W hoever, being an official upon whom 
a duty is imposed by an election law, wilfully or negli¬ 
gently violates or neglects to perform such duty, or wil¬ 
fully performs it in such a way as to hinder the object 
thereof, or wilfully disobeys such election laws, for which 
no specific penalty has otherwise been provided, shall be 
fined not less than fifty dollars nor more than one thousand 
dollars or imprisoned in jail not more than one year, or 
both. (89 V. 450 § 31.) 

Section 13357. Whoever, being a sheriff, constable, 
policeman, officer of the peace, or by-stander at an elec¬ 
tion, fails to forthwith obey and aid in enforcing a lawful 
order of the judges at an election in relation to persons who 
congregate or loiter within one hundred feet of a polling 
place of an election or place of registration of electors, or 


Unlawfully ob¬ 
taining or at¬ 
tempting to 
obtain ballot 
box or bal¬ 
lots. 


Possession of 
forged or 
altered poll- 
books, etc. 


Judges may 
order persons 
at precinct to 
disperse. 


Violation or 
neglect in 
performance 
of duty by 
deputy super¬ 
visors or 
their clerk. 


Same by public 
officer. 


Failure of 
sheriff, etc., to 
obey order 
of judges at 
election. 


288 


OFFENSES RELATING TO ELECTIONS. 


Delegate or 
committee¬ 
man giving 
proxy. 


Acting or 
voting in 
place of del¬ 
egate or com¬ 
mitteeman. 


When prose¬ 
cutions must 
begin. 


MISCELLANEOUS. 

in relation to the hindering or delaying of an elector in 
reaching or leaving such place, or in relation to the giving, 
tendering or exhibiting of a ballot or ticket to a person other 
than a judge of election within one hundred feet of a poll¬ 
ing place, or in relation to the soliciting or attempting to 
influence an elector as to the casting of his vote, within 
one hundred feet of a polling place, shall be fined not less 
than twenty dollars nor more than one thousand dollars or 
imprisoned in the county jail not less than thirty days nor 
more than one year or both. (R. S. Secs. 2926f, 2938.) 

Section 13358. Whoever, being a delegate or com¬ 
mitteeman chosen at an election provided for by the laws 
relating to primary elections, gives or issues a proxy or 
authority to another person to act or vote in his stead, shall 
be fined not less than twenty dollars nor more than one 
hundred dollars and imprisoned not less than five days nor 
more than thirty days. (99 v. 223 § 40.) 

Section 13359. Whoever acts or votes in place of a 
delegate or committeeman chosen at an election provided 
for by the law relating to primary elections, shall be fined 
not less than twenty dollars nor more than one hundred dol¬ 
lars and imprisoned not less than five days nor more than 
thirty days. (99 v. 223 § 40.) 

Section 13360. All prosecutions under this chapter 
must be commenced within two years after the commission 
of the act complained of. (98 v. 227 § 35; R. S. Sec. 7066.) 


INDEX 


Page. 

ABSTRACT OF VOTES. 141-150 

County officers and members of the general assembly. 142 

Duplicate, what made in. I43 

Opening and canvassing of. 144 

Presidential electors . 143 

State, judicial and county officers, representatives in congress and 

_ members of the general assembly. 141-142 

United States Senator. 142 

ADHESIVE SLIPS — 

Vacancy after printing of ballots, in case of. 108 

ALIEN — 

Naturalization of, procedure. 6-23 

ANONYMOUS ATTACKS- 

Printing, posting, etc., against candidate or questions submitted, 

unlawful . 285 

AFFIDAVIT — 

False, verifying petitions. 284 

AGRICULTURAL AGENT — 

Commissioners may be required to make provision for. 179 

Submission of question of employing. 179 

Form of ballot. 179 

AMENDMENT — 

Constitutional; manner of submission. 112 

Constitutional; return of votes cast for or against; abstract and con- 

vass of votes, etc. 112 , 150 

Form of ballot. 112 

Return of constitutional, certified within 10 days. 150 

ANNEXATION — 

Municipal corporation, one to another; election on question of. 214 

APPORTIONMENT — 

Delegates and alternates. 86 

County central committees, by. 88 

District committees, by. 88 

State committees, by. 86 

ARREST — 

Electors, when privileged from. 24 

Loitering near polls, for. 285 


BALLOT — 

Arrangement of tickets on. 

Assistance in marking...;• 

Bonds for enlarging, improving or extending natural gas works, in 

submission of question of issue of...._. 

Bonds for township and municipal purposes, in submission of question 

of issue of. 

Burned, when .. 

Canvassing, entering and enumerating, manner of. 

Casting of — 

Folding of, by elector.. 

Receipt and deposit of, by election officer. 

Secondary stub, detaching and examination of. 

19 E. L. ( 289 ). 


Ill 

132 


222 


192 , 224 
136 
75 , 135 

131 


131 

131 





































290 


INDEX. 


BALLOT — Concluded. Page. 

Counted when not to be, for certain office... 129 

Counting of, in cities having registration. 75 

County hospital . 188 

Custody or delivery of, offense pertaining to; penalty. 273 

Deceiving an elector who cannot read; penalty. 271, 285 

Delivery of, to election officers. 117 

Deposited and counted. 131 

Destroying; penalty ... 273, 274 

Destroying, defacing, removing, hindering delivery, etc.; penalty.... 273 

Destruction of excess. 75, 134 

Device to designate party candidate... 109 

Disputed, preservation of. 136 

Distributing or having in polling room, prohibited. 74 

Elections, shall be by. 24 

Extra and unofficial. 118 

Form and contents of. 111-116 

Fraudulent .. 135 

Fraudulent voting .'.. 271 

Group of candidates, arrangement of. 112, 116 

Interference with electors in casting. 270, 284 

Local option election in townships. 251 

Local option election in municipalities. 252 

Loitering near polls, during receiving and counting of, etc. 62, 285 

Lost or destroyed, replacing of. 118 

Marking or printing, distributing or voting unlawfully written Or 

printed . 275 

Misleading voter or disclosing how he voted; penalty. 277 

Nonpartisan, judicial . 121 

Packages, sealing, indorsement and delivery of. 117 

Percent of, written on required to nominate at pr’mivy.. 97 

Permitting unlawful, in ballot-box; penalty. 275 

Preparation and casting of. 128-132 

Offenses pertaining to. 273 

Preparation of — 

Marking, rules for — 

Assistance of judges.•. 132 

Black lead pencil, all marks to be by. 128 

Mixed ticket. 128 

Number of ballots to which elector entitled. 128 

Question, submission of. 130 

Straight ticket. 128 

Substitution of name of person not on ticket. 131 

Surplus marks (note). 130 

Voting shelves; as to occupancy of. 128 

When two or more persons to be elected to same office. 129 

Preservation of all ballots.'. 137 

Primaries, at, how names placed on. 88, 94 

Printing of, publication of notice of bids; contracts for. 40, 120 

Printing or use of, offenses pertaining to; penalty.273-275 

Proof, submission of. 117 

Question, separate in case of submission of. 113 

Scho.ol elections, in; how printed. 116 

Sealing, indorsement and delivery. 40,' 117 

Secondary stubs; detaching, examination and destruction of. 131 

Substitution when no nomination made or name of nominee omitted; 

marking in such case...'. 103, 131 

Supplies, removing or destroying; penalty. 285, 286 

Technicalities, disregard of. 130 

Unlawful to have, in polling room... 274 

Unlawfully obtaining or attempting to obtain possession of; penalty.. 287 

United States Senators, nomination of. 85 

Unofficial count certified in triplicate. 136 

Unvoted, destruction of. 134 

Return of, by elector to election officer. 133 

Vacancy after printing of, how filled....... ' 108 





























































INDEX. 


291 


RALLOT-BOX— 

Arrangement of . 74 124 

Board of education, separate, in election for members of. ' 116 

Custodian of . 50^ 119 

Custody of ... 40,50 

Destroying; penalty. 285 

Inspection of, before opening of polls, etc. 73 , 135 

Judge removing; penalty... ’ 275 

Location of, on election day in cities. 74 

Opening of .! ‘! 75, 134 

Purchase and care of... 50 59 

Separate, in case of submission of question. ’ll 3 

Unlawfully obtaining or attempting to obtain possession of; penalty.. 287 

BOARD OF EDUCATION — 

Ballot, how to be printed. 116 

Ballots for, in election precincts ..•... 116 

Candidates for, nominated by petition, publication of list of. 103 

Centralization, duty in relation thereto. 248 

City districts . 241 

Elections, levy for expenses of. 121 

High school, official district for... 250 

Return and canvass of votes for members of... 149 

Rural districts . 247 

Rural districts, abandonment of. 249 

Schoolhouse, levy of tax and issue of bonds for. 249 

Schools, submission of question of additional levy for. 249 

Time and notice of election of. 46 

Village districts . 245 

Women; rights of. 54 

BOARD OF PARK COMMISSIONERS. 226 

BONDS — 

Aiding construction of canal or waterway. 193 

Issue of, by rapid transit commissioners. 225 

Municipal, purposes for which may be issued; tax for redemption; 

submission of question to voters. 222 

Schoolhouse, submission of question of issue of. 249 

Township, purposes for which may be issued; tax for redemption; 

submission of question to voters. 198, 199 

BOOTHS AND GUARD-RAILS — 

Furnishings; care, arrangement; number of voting shelves, etc. 40, 119 

BRIBERY — 

Delegates or electors; penalty. 279-282 

Disfranchisement for . 279 

Forfeiture of elective franchise by reason of conviction of. 24 

Giving bribe; penalty . 279 

Competent witness in prosecution for. 282 

Forfeiture of office for. 24, 280 

Primary election; offering bribes to voters at; penalty. 281 

Receiving bribe; penalty . 280 

Competent witness in prosecution for. 282 

CANAL OR WATERWAY — 

Counties may aid in construction of. 193 

CANDIDATE — 

Anonymous attacks on, printing or posting, unlawful. 285 

Bribery of delegate or elector; penalty.-. 279-282 

Expenditures by; amount allowed. 265 

Group of, arrangement on ballot. 112, 116 

How placed on ballot. 117 

Ineligible to serve as judge or clerk. 140 



















































292 


INDEX. 


CANDIDATE — Concluded. Pagi-. 

Nominee by petition, substitution of, unlawful. 103 

Nominated how at primaries. •.•••*: ... 84-88 

Nomination of, in townships and municipalities less than 2,000. 103 

Other political party, substitution of. 103 

Primary election, offering bribe at; penalty.. 283 

Substitution of name and marking of ballot when regular nominee 

omitted.. 131 

United States Senator, nomination of. 85 

CANVASS — 

Abstracts by deputy state supervisors of election. 141 

Board of education, of vote for members of. 1-49 

City board of canvassers of Cincinnati . 149 

Constitutional amendment, vote on. 112 

Judges and clerks of election, by. 135 

Justices of the peace, of vote for. 147 

Loitering near polls during. 62, 285 

Municipalities, of vote in. 147 

Municipal officers, of vote for. 147 

Presidential electors, of returns for. 143 

Primary elections, of result of. 96 

Special election, of vote of certain officers at. 145, 146 

Township officers, of vote for.. 147 

CARDS OF INSTRUCTION — 

Custody or delivery of, offense pertaining to; penalty. 273 

Defacing, removing, etc.; penalty. 273 

Delivery of, to election officers. 117 

Forms of . 119 

Lost or destroyed, replacing of. 118 

Placed, where to be. 118 

Printing of, publication of notice of bids for; contracts, etc. 40, 120 

CERTIFICATE OF ELECTION — 

Congress, members of. 144, 146 

County officers and members of the general assembly. 146 

Deputy state supervisors to issue. 40, 146 

Districts, officers in. 145 

Presidential electors .•.. 143 

Special election, of certain officers at. 145, 146 

CERTIFICATE OF ELECTORS — 

Form of. 92 

When and where filed. 85-93 

CERTIFICATE OF NOMINATION — 

Committee to fill vacancy named in. 102 

Contents of, etc. 104 

Defect in, manner of correcting. 108 

Device to designate party candidates. 109 

District, decision of question as to. 106 

Filing of; validity of, etc. 40, 104 

Objections to validity. 106 

Offenses pertaining to; penalty. 286 

Preservation and inspection of. 105 

Transmission of certified copies of. 109 

CHALLENGE — 

Challenges ; • party designation, rights, privileges and oath.72, 96, 125 

Elector may, when. 74, 125 

Judges of election shall, when. 125 

Proceedings of judges upon. 126 

Oath of challenged person.66, 96, 126 

Primary election, at. 95, 96 

Questions to be put by judges. 126 























































Index. 293 

CHALLENGE — Concluded. Page. 

Registration law, under.()4, (iG, Td, 71, <)4, 122 

Rejection of vote. ' 127 

“Sworn”, entry of, on poll-book.127 

Who may . 125 

CHIEF DEPUTY . 35, 38 

CHIEF SUPERVISOR . 32 

CHILDREN — 

Born abroad, as to citizenship of. 5 

CINCINNATI — 

Council of, provisions relating to. 233 

Municipal court . 235 

Time of election of judges of Superior Court of. 46 

CITIZENSHIP — 

Ohio constitution, qualifications under. 24 

Forfeiture of citizenship.. 24 

_ Nominations of elective officers by direct vote. 24 

United States Laws — 

Children born abroad . 5 

Citizens, who are. 5 

Expatriation, right of, declared. 6 

Forfeiture of, under U. S. Law. 5 

Exemption from forfeiture, certain soldiers and sailors. 5 

Naturalized citizens, protection of, in foreign countries. 5 

Race, color, or previous condition not to affect right to vote. 5 

Persons born in territory of Oregon. 5 

Provision of, as to married women. 5 

CLERKS OF ELECTION — 

Appointment; term; apportionment politically; vacancy, removals.... 50-53 
Ballot — 

Canvassing, entering and enumerating, manner of. 134-136 

Preparation and casting of. 128-132 

Result, certified copies of, in triplicate. 136 

Candidate ineligible to serve. 140 

Compensation .53, 80. 99, 118 

Misconduct of; penalty. 275-277 

Misleading voter or disclosing how he voted; penalty. 275-277 

Oath of . 52 

Period during which shall not separate nor leave polling place under 

penalty . 77, 140 

Power of, to administer oath. 53 

Primary election, selection, duties. 94-99 

Registration, in cities having — 

Appointment; term; qualification; oath. 58-60 

Certificate of appointment. 61 

Certificate of poll-book ^. 76 

Compensation; how paid. 80 

Examination, appearance for; penalty for failure to appear, or 

refusal or neglect to qualify. 60, 279 

Proceedings upon close of polls. 74, 82 

Removal ... 60 

Substituted, on election day; notice of appointment. 61 

Vacancy . 60 

Removal of .... .... 53, 60 

Return of vote for township and municipal officers, members of 

boards of education and justices of the peace. 147-149 

Return of vote on constitutional amendments. 150 

Returns, tally-sheets and poll-books, making; transmission and pres¬ 
ervation of . 141 

Supplies for conducting elections; offenses pertaining to custody or 

delivery of; penalty. 275 

















































294 


INDEX; 


CLERKS OF ELECTION — Concluded. I’agi:. 

“Sworn”, when to enter word on poll-book. 127 

Term ... _ 51 

Vacancy, failure to appear... 52, 60 

Votes cast, certification of, in triplicate. 136 

CLERKS OF MUNICIPALITY — 

Ballot-boxes, duty as to. 50 

Booths, guard-rails, etc., duty as to. 119 

Canvass of vote for municipal officers. 147 

Expenses of elections in municipality situated in two or more coun¬ 
ties, apportionment of... 120 

CLEVELAND — 

Municipal court of. 237 

COLOR — 

Right to vote, not to affect. 6 

COLUMBUS — 

Municipal court of. 286 

COMMITTEE — 

Controlling, how elected. 84, 88 

Delegates, how apportioned. 86 

Composed how . 88 

Organization, time of. 89 

Term . 89 

Vacancies . 89 

COMMITTEEMEN — 

' Challenger appointed by..72, 95, 125 

Certificate of election to. 97, 98 

. List of, filed with State Supervisor... 98 

CONGRESS — 

Abstract of votes for candidates for. 142 

Candidate for, how nominated. 89 

Representative in, election and term of; vacancy. 44 

Nominations for, by Primary. 89 

CONSTABLE — 

Loitering near polls, duty as to. 62 

Notice of regular township election, to serve. 46 

Obey and aid judges of election, shall; penalty. 62, 287 

CONSTITUTION — 

Elective franchise under. 24 

Nomination of elective officers. 24 

Provisions of, relating to initiative and referndum petitions. 26 

CONSTITUTIONAL AMENDMENT- 

Manner of submission; printing of ballots. 112 

Returns certified to State Supervisor within 10 days. 140 

Return and canvass of vote for and against. 140 

Initiative petition, may be proposed by. 26 

CONTEST OF ELECTION — 

County officers . 156 

County seat . 157 

Judges of common pleas and superior courts. 154 

Justices of the peace.'. 159 

Members of the general assembly. 156 

Municipal officers. 161 

Presidential electors . 151 











































INDEX. 


295 


CONTEST OF ELECTION — Concluded. Page. 

Procedure in, on questions submitted by referendum. 161-166 

State officers, supreme and courts of appeals judges. 153 

CONVENTION — 

Bribery of delegates at; penalty . 279-282 

Nomination of presidential electors at state. 86 

Election of delegates to State and National. 84, 86 

Proxies, unlawful in. 288 

CONVICT — 

Incompetent to be an elector or hold office; restoration of rights; 

penalty . 24, 272 

CORPORATION — 

Political contribution by, forbidden, penalty. 281 

CORRUPT PRACTICES ACT, THE. 256-271 

Hauling soldiers and sailors to polls not.. 49, 263 

COUNCIL — 

Bonds, municipal, purposes for which may issue; tax for redemp¬ 
tion; submission of question to voters. 222, 224 

Levy for expenses of elections. 121 

Places for holding elections, determined by. 48 

Registration of electors, may provide for. 82 

COUNTY COMMISSIONERS — 

Levy for expenses of elections.'. 41 

Notice of election in civil townships, to give. 196 

Organization of original surveyed townships, duties as to. 196 

COUNTY ELECTION — 

Proclamation and time of. 43 

COUNTY OFFICERS — 

Contest of election. 156 

Certificate of election and abstract of votes. 146 

• Election of, proclamation and time of. 43 

Tie vote for, to be determined by lot. 146 

COURT — 

Consolidation of probate and common pleas. 179 

Criminal court of Lorain. 234 

Municipal court of Cincinnati. 235 

Municipal court of Columbus. 236 

Municipal court of Cleveland. 237 

Municipal court of Dayton. 238 

Municipal court of Hamilton. 239 

Municipal court of Youngstown. 240 

COURTS OF APPEALS — 

Abstracts and certificates of election in.. 142 

Certificates of nomination and nomination ]japers — 

Decision of questions as to... . 107 

Defect in, manner of correcting. 108 

Filing . 40, 104 

Objections to . 106 

Transmission of certified copies... 109 


CRIMES AND OFFENSES — 

Anonymous attacks, printing or posting 


Custody or delivery of. offenses pertaining to. 273 

Destroying ..••• 273, 274 









































296 INDEX. 


CRIMES AND OFFENSES — Continued. 

Ballot — Concluded. Pack. 

Marking or printing, distributing or voting unlawfully written 

or printed . 275 

Possession of, unlawfully obtaining or attempting to obtain. 274 

Preparation and casting of, offenses pertaining to. 273 

Printing or use of, offenses pertaining to... 273-275 

Ballot-box — 

Destroying . 285 

Possession of, unlawfully obtaining or attempting to obtain. 287 

Ballots, blanks, poll-books, cards of instruction, etc., offenses per¬ 
taining to custody or delivery of. 273-275 

Bribery — 

Delegates or electors, of. 279-282 

Giving bribe; competent witness in prosecutions for; forfeiture 

of office for. 279 

Receiving bribe; competent witness in prosecution for; dis¬ 
franchisement for . 280 

Clerks of election, misconduct of.275-277 

Misleading voter, or disclosing how he voted. 275-277 

Corporation, contributing to election expenses. 281 

Corrupt practices act. 256 

Deceiving an elector who cannot read. 274, 285 

Deputy state supervisor of election or clerk, violation, neglect or 

wrong performance of duty, or disobedience by. 287 

Felony, incompetency of person convicted of, to be an elector or 

hold office . 272 

Forfeiture of elective franchise for. 24, 280 

Fraudulent voting . 271 

Hauling soldiers or sailors to polls not. 49. 263 

Interfering with elector in casting his ballot. 273, 284 

Judges of election, offenses by. 275 

Misleading voter, or disclosing how he voted. 277 

Loitering near polls. 285 

Poll-book and tally-sheet — 

Custody or delivery of, offenses pertaining to. 273 

Destroying . 285 

Fraudulent writing on. 285 

Possession of forged or altered, with fraudulent intent. 287 

False affidavit verifying petition; penalty. 284 

1. & R. petitions; penalty for violation of act safeguarding. 271 

Primary elections — 

Attempting to intimidate electors or judges at. 283 

Bribes, offering, for voters at. 281 

Omissions of duty and fraudulent voting. 282-284 

Proxies, delegates selected giving. 288 

Procuring illegal vote. 272 

Procuring an elector to go or come into a county of which he is not 

a resident to vote. 272 

Prosecution of violations of election laws. 40 

Prosecutions, time within which to be commenced. 271, 288 

Public officer, violation, neglect or wrong performance of duty or 

disobedience, by . 287 

Referendum, penalties for misconduct of election officials, when 

proposal submitted by . 165 

Register, damage or destruction of. 286 

Registrar failing to perform his duties. 279 

Registrar, judge or clerk of election failing to appear for examina¬ 
tion or refusing or neglecting to qualify. 279 

Voting — 

Fraudulent . 271 

More than once at same election. 271 

Not being a resident of this state. 272 

Not being a resident of the county thirty days. 272 

Not being a resident of the precinct twenty days. 272 

Without a residence of one year; not being twenty-one year 

of age; not a citizen; convicted of crime and not pardoned., 272 


















































INDEX. 


297 


CRIMES AND OFFENSES — Concluded. 

United States laws — Pack. 

Desertion from military or naval service. 6 

Draft into military or naval service, avoiding.•.. 6 

Naturalization, violation of laws in reference to.! 17-19 

Who are citizens under. q 

DAYTON — 

Municipal court of. 238 

DECLARATION OF CANDIDACY — 

Form of . 91 

When and where filed. 85-93 


DELEGATE — 

Apportionment of, under primary law. 86 

Bribery of; penalty. 279-282 

Election of, by primary. 8-1, 8t) 

Certificate of election. 97 

Large, at, elected at primaries, when. 86 

Proxy, may not appoint. 288 

Statement of, as to choice for president.. 86 


DEPUTY STATE SUPERVISORS OF ELECTIONS- 

Abstracts of returns, to make and transmit. 

Abstract of votes — 

Certifying, signing and depositing of.. 

Congress, in election to fill vacancy in office of member ot. 

Copies, making and transmission of certified. 

County officers and members of the general assembly, for ; fee.... 

Districts, officers in. 

Making, time and manner of. 

Special election, for certain officers voted for at. 

State, judicial and county officers, representatives to congress 

and members of the general assembly, for. 

Validity of returns, may not question. 

Appointment, qualifications, terms, vacancies and removals. 

Ballot — 

Disputed, preservation of. 

Extra and unofficial . 

Preservation of all. 

Proof, submission of.. 

Sealing, indorsement and delivery of. 

Ballot-boxes, purchase and care of... 

Ballots, blanks, poll-books, tally-sheets, etc.; delivery of. 

Lost or destroyed; replacing of. 

Bond of bidder for printing. 

Booths, guard-rails, voting shelves, etc., furnishing, care and cus¬ 
tody of, etc. .... 

Certificates of election, to issue. 

District officers . 

County officers afid members of the general assembly. 

Judicial and senatorial ... 

Special election, of certain officers elected at. 

Certificates of nomination and nomination papers — 

Defect in, manner of correcting. 

Filing of .;.'.,. 

Objections to ...,... 

Transmission of certified copies... 

Chief deputies and clerks, questions to be decided by. 

Clerk — 

Oath of .. 

Power to administer oath. 

Organization, report of, by . 

Removal of . 

Selection, term and salary... 

Violation, neglect or wrong performance of duty, or disobedience 
by; penalty . 


40 

141 

145 
141 
147 

146 

141 

146 

142 

147 
34-46 

136 

118 

136 

117 
40, 117 

50, 58 
40, 117 

118 
120 

40, 119 
40 

40, 145 
146 
146 
146 

108 
40, 104 
106 
109 
106 

39 

39, 53 
39 
39 

35, 39 
287 




















































298 INDEX. 

DEPUTY STATE SUPERVISORS OF ELECTIONS — Concluded. Page. 

Clerks of election, appointment of; removals; oath. 51-53 

Compensation of . 41 

Creation of office. 36 

Duties of, general. 40-42 

Expenses of elections, how defrayed.41, 121-121 

Forrns of guidance. 119 

Furnishing of poll-books. 119 

Innkeeper’s report of guests to. 138 

Investigation of irregularities, or non-performance of duty by elec¬ 
tion officers; report; prosecutions. 40 

Judges of elections, appointment of; presiding judge; removals; oath 51-53 

Justices of the peace, result of election for, to be certified to.. 149 

Laws applicable to elections, distribution of. 42 

Meeting of, before each election..40, 71, 72, 76 

Nominationas, methods of. 83, 101 

November election; returns of odd years.. 147 

Oath . 38 

Power of to administer oath... 39, 53 

Organization; report thereof . 38-39 

Police force, requisition for. 62 

Poll-book, delivery of ,at polling place... 40 

Precinct' division, rearrangement, combination of, etc. 48, 49 

Printing, notice of bids for; contracts; bond of bidder, etc. 40, 120 

Qualifications . 36 

Questions to be submitted to state supervisor, when. 108 

Referendum Petitions, establishment of insufficiency of signatures on, 

by . 268 

Removals, causes for. 38 

Returns of election, to receive, make abstracts of, etc. 40, 101 

Registration, general powers and duties of. 58 

Return of I. & R. petitions by, to secretary of state. 269 

Session of, before each election .40, 71, 72, 76 

Tally-sheets, furnishing of. 119 

Term of office. 36 

Tie votes for county officers and members of the general assembly 

to be determined by lot.'. 146 

Vacancy in office of, how filled. 37 

Vacancy on ticket, manner of filling. 108 

DEPUTY STATE SUPERVISORS AND INSPECTORS OF ELEC- - 
TIONS — 

Appointment, qualifications, term, vacancies, etc. 32-36 

Chief deputy, selection and term of. 35 

Clerk and deputy clerk — 

Selection, term, salary, removal. 35 

Compensation .,.. 41, 81 

Counties which shall have board of. 33 

Creation of office. 33 

Duties of, general. 36-42 

Innkeeper’s report of guests to. 135 

Registration, general powers and duties of. 58 

Vacancies, how filled. 34, 35 

DESERTERS — 

Forfeiture of citizenship by. 5 

Exemption from forfeiture. 5 

DEVICE — 

Certificate of nomination to request. 109 

DISFRANCHISEMENT — 

Receiving bribe, for. 281 

DISTRICT — 

Abstracts and certificates of election in. 146 

Certificates of nomination and nomination papers, filing of. 104 




















































INDEX. 


299 


DISTRICT — Concluded. Page. 

Decision of questions as to.‘. 106 

Defect in, manner of correcting.. 108 

Objections to . 106 

Transmission of certified copies. 109 

Office, candidate for, how nominated. 80 

Word “district” construed . 84 

DRAFT — 

Citizenship, forfeiture of, for avoiding. 5 

DOMINANT PARTY DEFINED. 51 

ELECTIONS — 

Abstracts of.;. 141 

Aiding construction of waterway or canal. 193 

Anonymous attacks on candidates, printing or posting, 'unlawful_ 285 

Arrest, when electors privileged from. 24 

Ballot, all elections shall be by. 24 

Bonds for township and municipal purposes, submission of question 

as to issue of. 199, 222, 224 

Conduct of public. 32 

Congressional, time of. 44 

Contests of . 151-161 

Corrupt practices, act defining in. 253-268 

County, proclamation and time of. 43 

Expenses of, how defrayed; levy of tax, etc.41, 80-81, 98, 120-121 

Initiative and referendum in municipalities. 228 

Judges and clerks, appointment, etc. 50-53 

'Judges’ and justices’ nonpartisan ballot. 121 

Laws applicable to; collation, publication and distribution of. 42 

Local option in townships_'.-.. . 251 

Local option in municipalities. 252 

Municipal — 

First, in -municipality. 213 

Officers of, generally. 46 

Proclamation of mayor as to sale of liquor. 47 

Registration . 57-82 

Places of holding, who to determine; notice in certain case.45, 48, 58 

Presidential, time of holding. 43 

Primary . 83 

Public, how held and conducted. 32 

Result of, certified in triplicate. 136 

School, special . 236-244 

State, proclamation and time of. 43 

Supervisory laws relating to . 32-42 

Surrender of corporate rights, to determine question of. 207 

Time and notice of. 43-47 

Township — 

Constable to post notice of, etc. 45 

Conduct of, in civil...45, 48, 147 

Original surveyed, in; conduct, notice of, etc. 196 

Place of holding, township trustees to fix. 48 

Public library, for.•. 201 

Returns of . 147 

U. S. Senator, election of. 44 

Who may vote at. 24 

United States laws^— 

Interference with, by army or naval officers.. 6 

Race, color or previous condition not to afiPect the right to vote.. 6 


ELECTION LAWS — 

Collation, publication and distribution of. 42 

ELECTIVE FRANCHISE — 

Ohio constitutional provisions as to.. . 24 

Women, in school elections.; .*. 54 





















































300 


INDEX. 


ELECTOR— Pac;k. 

Application by electors for organization of original surveyed town¬ 
ship . 196 

Arrest, when privileged from.'. 24 

Ballot — 

Preparation and casting of. 128-131 

Assistance in marking. 132 

Offenses pertaining to; penalty. 273 

Bribery of; penalty. 279-282 

Competent witness in prosecutions for. 279-282 

Challenges .64, 66, 73, 74, 94, 125 

Convict incompetent to be; penalty. 24, 272 

Eligibility for voting or holding office, power of general assembly 

as to . 24 

Idiot or insane person not entitled to privilege of. 21 

Intimidating, or impeding or preventing free exercise of elective 

franchise; penalty; competent witness in prosecutions for. 284 

Misleading, or disclosing how he voted; penalty. 274 

Municipality, who is elector of... 54 

Persons not considered residents of Ohio. 24 

Presidential . 43 

Primary election, attempting to intimidate elector at; penalty. 281 

Qualifications of persons to vote at. 95 

Qualifications of, under Ohio constitution. 24 

Qualifications of, under General Code. 54 

Questions submitted to, vote necessary for adoption of, etc. 150 

Registration . 57-82 

Residence ....54, 66, 124, 126 

Screening and convenience, provision for. 119 

Substitutions when no nomination made or name of nominee omitted.. 131 

United States laws — 

Citizenship under . 5 

Officers of army or navy interfering with, prohibited. 6 

Race, color or previous condition not to affect right to vote. 6 

ELIGIBILITY — 

Convict, to vote or hold office; penalty. 272 

Electors of president and vice-president, of. 43 

General assembly’s power as to eligibility for voting or holding office., 24 

EXECUTIVE COMMITTEE OF POLITICAL PARTY — 

Ballot, submission of proof of. 117 

County, designation of inspectors of count by. 133 

Deputy state supervisor of elections, recommendation of.34, ,35, .37 

Witnesses and challengers in cities, designation of. 72 

Rightful committee of, how determined. 34, 38 

EXPATRIATION — 

Rights of, declared. 6 

EXPENSES — 

Defrayed, how .-11, 81. 99. 118-121 

FEES — 

Clerks of election — 

Compensation of .... ......53,’81, 99, 118 

Cities having registration; how paid. 81 

Primary elections. 99 

Deputy state supervisors of elections, compensation of.41, 80. 99 

Abstract of votes for county officers or members of the general 

assembly, fee for making. 147 

Clerk, salary of..41. 80. 99 

Judges of election — 

Compensation of .53. 81. 99, 118 

Cities having registration ; how paid... 81 

Primary elections .,..... 99 

Presidential elector, fees and mileage of.i...! 167 

Registrars, compensation of; how paid. 81 

















































INDEX. 


301 


FOREIGN COUNTRIES— Page. 

Protection of naturalized citizens, while in. 6 

FORFEITURES — 

Citizenship, of . 5, 24 

Exemptions from forfeiture. 5 

Office, for giving bribe. 279 

GENERAL ASSEMBLY — 

Abstract of votes. 142 

Certificate of election of member. 146 

Contest of election of members of. 156 

Elective franchise, power as to forfeiture of. 24 

Member to deliver copy of abstract to president of the senate. 142 

Tie vote for members to be determined by lot. 146 

Vacancy in office of member of. 45 

Senator or Representative, special election. 146 

GENERAL CODE — 

Provisions of, relating to filling vacancies in elective state offices 

and judgeships .,. 31 

GENERAL ELECTION — 

How expenses of, defrayed. T20-T21 

Words “general election” construed. 83 

GOVERNOR — 

Contest of presidential electors, election, as to. 151 

Presidential electors, certificates and notice of election of. 143 

Vacancy in office of senator or representative in congress or member 

of general assembly, writ of election in case of. 44, 45 

HAMILTON — 

Municipal court of. 239 

HEARSE — 

Question of purchase in townships to be submitted to vote. 197 

Question of purchase in village. 227 

HIGH SCHOOL — 

Special district for.•. 250 

HOLIDAY — 

Regular election day a part.31, 89-90 

IDIOT — 

Elector, not entitled to privileges of.. 24 

INCORPORATION — 

iMunicipality, of . 212 

Of territory surrounding summer resort, etc., submission of question 

to vote . 218 

Original surveyed township . 196 

INFIRMARY — 

Legal residence of inmates..... 56 

INNKEEPER — 

Form of register of. 138 

.INITIATIVE AND REFERENDUM — 

Arrangement of petitions, size of paper and type. 266 

Constitutional provisions relating to. 26 

Contest of elections submitted by referendum; penalties. 161-166 


































302 


INBIX. 


INITIATIVE AND REFERENRUM — Concluded. Page. 

Establishment of insufficiency of signatures on. 268 

False affidavit verifying; penalty. 284 

In municipalities . 228 

Publicity pamphlets relative to. 171-173 

Petitions, laws safeguarding signing and circulating. 230, 266 

Question submitted by, inspectors of count. 133 

Penalty for violating law safeguarding petitions. 271 

INSANE — 

Elector, not entitled to privilege of. 24 

INSPECTOR — 

Nomination and appointment of, when question submitted. 133-134 

Party, appointment and privileges of. 72, 133 

Question submitted, appointment of. 133 

INTERFERENCE — 

Elector, with, in casting his ballot.... 273, 284 

Officers of United States army or navy, by. 6 

INTIMIDATION — 

Attempting to intimidate elector or judge at primary election; penalty 284 
Voter, of; competent witness in prosecutions. 282, 284 

INTOXICATING LIQUORS — 

Limitation as to number of saloons. 173 

Local option in townships.'.. 251 

Local option in municipalities.. 252 

Proclamation of mayor as to sale of. 47 

JUDGES— / 

Contest of election of .. 154 

Election of, judicial ticket, etc. 121 

Superior court of Cincinnati, returns of. 154 

Vacancy, how filled. 31 

JUDGES OF ELECTION — 

Appointment; term; apportionment politically; vacancy; presiding 

judge; compensation; removals. 51-53 

Ballot — 

Assistance of elector in marking. 132 

Canvassing, entering and enumerating, manner of.75, 135, 136 

Custody or delivery of, offenses pertaining to; penalty. .273 

Delivery of . 117 

Deposited and counted, permitted to be. 131 

Destruction of excess. 75 ^ 134 

Dispersing of persons interfering with casting of. ’ 287 

Disputed^ duty as to. 136 

Extra and unofficial. 113 

Lost or destroyed, replacing of. 118 

Misleading voter or disclosing how he voted ; penalty... .!. 277 

. Preparation and casting of. 128-132 

Per cent., of, written on to nominate at primary. 97 

Result, announcement and certified copies of in triplicate. 135 

Unvoted, destruction of. I 34 

Vacancy, after printing of, pasters in case of. 108 

Ballot-box, inspection of, before opening of polls. 73 125 

Removing; penalty .. ’ 275 

Return of, to proper officers. :.' 50, 77 

Booths, guard-rails, etc..- duty, as to.’ll 9 

Candidates ineligible to serve as.. i 140 

Cards of instruction, where fo'be pU'ceH j, ng 
















































INDEX. 


303 

JUDGES OF ELECTION — Continued. Page. 

Challenge . 125-126 

Judge of election may. 125 

Party challengers, oath and privileges of. 72, 125 

Compensation of .53, 80, 98, 118 

Duties; penalties to which subject. 275 

Fraudulent votes, knowingly counting; penalty. 275 

Loitering near polls, powers and duties as to. 62, 285 

Misconduct of; penalty . 275-277 

Oath . 52 

Period during which shall not separate nor leave polling place under 

penalty . 77, 140 

Polls, when to be opened and closed.73, 90, 124 

Polling place, who admitted to. 72, 133 

Postponing counting, adjourning or removing ballot-box; penalty.... 275 

Presiding judge — 

Ballots, .etc., duty as to delivery of. 117 

Designation of . 51 

Oath, who may administer to; power to administer. 52, 60 

Returns of election.77, 96, 141 

Primary election, selection, duties and compensation at. 94 

Attempting to intimidate judge at; penalty. 284 

Omission of duty at; penalty. 284 

Per cent of ballots written on, to nominate at. 97 

Separate tickets provided. 94 

Question, as to submission of. 113 

Registration, judges in cities having — 

Appointment; term, qualifications; oath. 59 

Ballots, destruction of excess. 75 

Certificate of appointment . 61 

Certificate of board of deputy supervisors entitles elector to vote 

in case of involuntary mistake in registering.... 76 

Certificate of result by board of deputy supervisors and announce¬ 
ment from police, telegraph or telephone station.... 74-76 

Chairman calling for ballots, compensation of. 118 

Challenges .64, 66, 73, 74 

Clerks, removal of; substituted clerk; notice. 60, 61 

Compensation; how paid . 81 

Completion of work without adjournment. 77, 140 

Count of votes by. 74, 135 

Election day, duties on. 73-82 

Examination, appearance for; penalty for failure to appear, or 

refusal or neglect to qualify... 60, 279 

Expulsion of, by other three. 74 

Meeting on evening prior to election. 72 

Organization; duties . 72 

Poll-book, certificate to . 74 

Disposition of . 76 

Polls, opening and closing of. 73 

Powers and duties as peace officers. 61 

Proceedings upon close of polls. 74 

Proclamation of total vote cast. 74, 75 

Removal of . 60 

Result, abstract of.'• 75 

Return of registers, ballot-box. etc. 77 

Substituted, on election day; notice. 61 

Vacancy . 60 

Witnesses and challengers, duties as to. 72 

Removal of . 53 

Residence, rules governing. 54 

Return of vote for township and municipal officers, members of boards 

of education and justices of the peace...... ... 117-149 

Returns, tally-sheets and poll-books; making, transmission and 

preservation of . 141 

Special election, returns of certain officers voted for at. 146 

Supplies for conducting election, delivery of. 117 

Custody or delivery of, offenses pertaining to; penalty. 275 



























































304 


INDEX. 


JUDGES OF ELECTION—Concluded. 

Lost or destroyed, replacing of.. 

Opening of packages. 

Term . 

Township officers, canvass and returns of election of 

Unofficial count certified in triplicate by. 

Vacancy in office, how filled..*.... 

Vacancy after printing of ballots, pasters in case of. 
Votes cast, certificate and proclamation of. 

JUSTICES OF THE PEACE— 

Contest of election of. 

Election of, non-partisan ballot. 

Notice of election of. 

Return and canvass of votes for. 


Pack. 
118 
118 
52, 60 
147 
147 
52, 60 
108 
74, 131 


159 

121 

45 

147 


LAWS— 

Election; collation, publication and distribution of. 42 

LOCAL OPTION— 

Township . 251 

Municipal . 252 

LOITERING — 

Within one hundred feet of polls. 62, 285 

LORAIN— 

Criminal court of. 234 

MARRIED WOMAN— 

Citizen, is deemed, when. 5 

I 

MAYOR— 

Elections, proclamations as to. 46 

Intoxicating liquors, proclamations as to sale of. 47 

MEMBERS OF GENERAL ASSEMBLY- 
Ohio constitution— 

Persons not considered resident of the state. 24 

United States laws— 

Deserters, forfeiture of citizenship by. 5 

Exemption from forfeiture. 5 

Draft, avoiding, forfeiture of citizenship for. 5 

MILITARY SERVICE— 

Officer interfering with voter, etc. 6 

MUNICIPAL CHARTERS ACT. 207-212 

Commission to frame charter. • 207 

Election provisions applicable to each plan. 210 

Form of ballot submitting question. 208 

Organization under specific plan. 207 

MUNICIPAL CORPORATIONS— 

Contest of election of officers. 161 

Contest of elections submitted by referendum in. 163 

Bonds, purposes for which may be issued :tax for redemption; sub¬ 
mission of question to voters. 222, 224 

Deficiency bonds . 224 

Detachment of territory, additional method. 217 

Electors, who are . 54 

Elevated railroads . 222 

Franchises, grant of. 221 

Gas works, bonds for. 222 

Hearse . 227 











































INDEX. 


305 


MUNICIPAL CORPORATIONS — Concluded. Page. 

Initiative and referendum in. 228 

Infirmary, legal residence of inmates of. 56 

Local option, submission of question of. 251 

Lodging house is not legal residei^ce. 56 

Loitering near polls prohibited. 62, 285 

Nomination of officers in. 89, 103 

Officers, biennial election of, etc. 46 

First election . 213 

Return and canvass of votes for. 147 

Primary elections . 83-106 

Question, submission of, to voters in. 47 

Registration . 57-82 

Sale of land to railway company. 220 

Sanitary plant . 232 

Surrender of corporate powers. 207 

Vault . 227 

Village, incorporation of, etc. 212 

MUNICIPAL COURT 

Cincinnati . 235 

Columbus . 236 

Cleveland . 237 

Dayton . 238 

Hamilton . 239 

Youngstown . 240 


MUNICIPAL ELECTIONS — 

Boar€ of deputy state supervisors, duties and powers of, as to 


conduct of . 52-82 

Initiative and referendum in. 228 

Residence required to vote at. 54 

MUNICIPAL OFFICERS — 

Election, of, etc. 46 

Return and canvass of votes for. 147 

Proclamation of election of. 46 


NATIONAL MILITARY HOME — 

Lawful residence of inmates. 

Separate election precinct. 

NATURALIZATION — 

United States laws relating to. 

NAVAL SERVICE — 

Deserter, forfeiture of citizenship by... 

Draft, forfeiture of citizenship for avoiding. 

Exemption from forfeiture. 

Officer interfering with voter, etc. 

Persons not considered residents of the state.... 

NOMINATION — 

Bribery of delegate; penalty. 

Candidate, of — 

Certificates and papers — 

Contents of .. 

Defect in, mannet of correcting. 

Device to designate party candidates. 

District, in, decisions of questions as to 

Filing of . 

Forms for ••••;•. . 

Objection to validity. 

Offenses pertaining to; penalty. 

Preservation and inspection... 

Transmission of certified copies. 


56 

49 


6-23 


5 

5 

5 

6 

24 


279-282 


104 
108 
109 
106 
40, 105 

104 
106 
286 

105 
109 


*20 E E. 


















































3o6 


. INDEX. 


NOMINATION — Concluded. Pack. 

'Direct vote, when must be by. --1, 8') 

Letter oi withdrawal, offenses pertaining to; penalty. 286 

Made, how by primary. 83-100 

Petition, by . 101-109 

Substitution of candidate of other party to nominee by petition. 103 

Substitution of name and marking of ballot when no nomination made 

or name of nominee omitted. 131 

United States Senator. 85 

Vacancy, manner of filing. 108 

NOMINATION PAPERS, at primaries — 

False affidavit verifying; penalty. 285 

Filed with whom, when. 85-90 

Form of declaration of candidacy and certificate of electors. 91-92 

Declaration to support candidate. 93 

Protests, when and where filed. 93 

NOTICE — 

Board of education, of election of members of... 46 

Bonds for township and municipal purposes, of submission of ques¬ 
tion of issue of. 199, 222 

Divided townships, of holding elections in. 46 

Objection to nomination. 107 

Precinct, of proposed change in. 49 

Presidential election, of. 43 

Presidential electors; election, of. 43 

Printing, of letting of contracts for. 120 

Question, of submission of. 47 

State and county elections, of. 43 

Township officers, of election of. 45 

Vacancy in office of representative in congress or member of the 

general assembly, of election to fill. 45 

NOVEMBER ELECTION — 

Expenses of, how defrayed. hiO 

Returns of . 141-150 

Words “November Election” construed. 83 

OATH — 

Challenged person, of.66, 96, 126 

Clerk of election, of. 52, 60 

Deputy state supervisors of elections and clerks, of. 38, 39 

Power to administer. 52 

Judge of election, of. 52, 60 

Party challenger, of. 125 

Person challenged at primary election, of.. 96 

Registration law, of person challenged under. 66 

OFFICE — 

Ohio laws — 

Convict incompetent to hold; power of legislature. 24 

Forfeiture of, for giving bribe. 279 

Power of general assembly as to eligibility for. 24 

State or district, candidate for, how nominated. 84 

United States laws — 

Deserters or persons avoiding draft incapable of holding. 5 

OREGON — 

Citizenship of persons born in territory of. 5 

ORGANIZATION — 

Original surveyed townships, of. 196 













































INDEX. 


307 

ORIGINAL SURVEYED TOWNSHIP— Page. 

Officers, election and term of, etc. 19G 

Exceptions as to election of.■. 32 

Organization and incorporation of. 196 

PAMPHLETS — 

Publicity, relative to Initiative and Referendum proposals. 30, 171 

PARK COMMISSION . 226 

PARTY, DOMINANT, DEFINED. 51 

PARTY PLATFORM — 

When and by whom framed. 86, 100 

PASTERS — 

Vacancy after printing ballots, in case of. 108 

PERJURY — 

Forfeiture of elective franchise by reason of conviction of. 24 

PETITION — Nominations by. 

Board of education, for . 103 

Publication of lists. 103 

District office, for...<. 103 

False affidavit verifying, penalty. 285 

Municipal office, for.*. 103 

State office, for. 103 

Township office, for.^ 103 

POLICE — 

Assignment of, on election day. 62 

Duty in cities having registration. 62 

Loitering near polls, duty as to. 62, 285 

Obey and aid judges of election, shall. 62, 285 

POLITICAL PARTY— 

Dominant party defined. 51 

Form of ballot. 94 

Separate tickets, at primary. 94 

POLL-BOOK — 

Address and delivery of.76. 96, 141 

Board of education, separate, in election for members of. 116 

Certification of, in registration cities. 76 

Custody or delivery of, offenses pertaining to; penalty. 275 

Delivery and preservation of.76, 96, 141 

Delivery of, to election officers. 117 

Destroying; penalty . 285 

Disposition of, in cities. 76, 96 

Forged or altered, possession of, with fraudulent intent; penalty.... 287 

Form for . 119 

Fraudulent writing on; penalty. 285 

Furnishing of . 119 

Lost or destroyed, replacing of. 118 

Paper to be received as. 147 

Primary election, separate. 94 

“Sworn”, when word to be entered on. 127 

Transmission and preservation....:.......76, 96, 141 

Want of form does not invalidate..... 150 

POLLS— . 

Ballot-boxes, inspection'of, before opening of polls....... .'5*.74, 125 

Interference with voters.273, 284 

Loitering near .. 62, 285 













































INDEX. 


308 


POLLS — Concluded. P.'oe. 

Opening and closing of...73, 89, 124 

Packages of supplies, breaking of seals, etc., at opening of. 118 

Vacancy in office of judge or clerk at opening of.52, 53, 60 

PRACTICES, CORRUPT — 

Act defining, relating to elections. 253-271 

PRECINCT COMMITTEEMEN — 

Challengers, appointment of. 72, 125 

PRECINCTS — 

Composed how; where elections to be held...,. 48 

Division, rearrangement, combination, etc.;.48-49, 59 

New precinct, judges and clerks for.49-50, 53, 79 

Special election, duty of board of deputy state supervisors when 

ward or precinct changed, before. 79 

State or national home shall be a separate. 49 

Word ‘precinct” construed. 84 

PRESIDENTIAL ELECTORS — 

Certificate of election of. 143 

Contest of election of.. 151 

Nomination of . 86 

Tie vote for, how decided. 143 

PRESIDENTIAL ELECTIONS — 

Canvass of returns by secretary of state. 143 

Certificates of election of electors. 143 

Contest of electors’ election. 151 

Electors of president and vice-president to be elected, who eligible.. 43 

Fees and mileage of electors. 167 

Meeting of electors in Columbus. 167 

Names of candidates for president printed on tally-sheet. 127 

Notice of elector’s election. 43 

Notice to governor of his presence, each elector to give. 167 

Proclamation of . 43 

Registration, general, required at. 58 

Tie vote for electors. 143 

Vacancy in office of elector. 167 


PRESIDENTIAL PREFERENCE PRIMARY — 

Names of candidates certified to Deputy State Supervisors 

Returns and canvass of votes. T.... 

Separate tickets . 

PREVIOUS CONDITION — 

Not to affect right to vote. 

PRIMARY ELECTIONS — 

Apportionment, how made, of delegates. 

Ballot, how names placed on, form of. 

Candidate at head of ticket, presence of, challenger for 

Canvass of results.. 

Conduct of, manner. 

Construction of words. 

Certificates of election to delegates and committeemen.. 

Challengers . '... . 

Compensation of officers. 

Declaration of candidate.. 

Delegates chosen at. 

Even-numbered years, when held. 

Expenses of ..... ...... 

Deputy state supervisors, powers and duties, at.... ,. 

Inspectors ... 


. 86, 87 

88 
88 

6 

86 

. 88, 94 

95 

. 88, 97 

94 
83 

98 

95 

53, 81, 99 
93 
86 
89 

99 
89 

O - ^ 95 

















































index. 


309 


PRIMARY ELECTIONS — Continued. Page. 

Judges and clerks... 93 

Loitering, soliciting, etc., within 100 feet of polls.62, 95 

Nomination of Candidates — 

Congressmen-at-Large — 

Declaration of candidacy and certificate of electors, when 

and where filed. 85 

Fee required and where paid... 93 

fiorm of declaration of candidacy and certificate of electors 91 

Protests against candidacy, where filed. 93 

Controlling Committees — 

Nomination and election of members of. 88 

Protests against candidacy, where filed. 93 

Delegates and Alternates — 

Election of, to national convention. 86 

Declaration of candidacy of and certificate of choice for 

president. 86 

Form of declaration of candidacy. 91 

Form of statement required by. 87 

Name of first and second choice of, for president upon ballot 86 

Protests against candidacy of, where filed. 93 

District Offices — 

Canvassing returns and certifying results when district in 

more than one county. 90 

Certifying results to board in most populous county. 86 

Declaration of candidacy and certificate of electors, when and 

where filed. 85 

Declaration and certificate, where filed, when district in more 

than one county. 90 

Fee required and where paid. 93 

Form of declaration of candidacy and certificate of elector 91 

Protests against candidacy, where filed.. 93 

Time of certifying nominations to each county in district.... 85, 86 

Other Offices— 

Declaration of candidacy and certificate of electors, when 

and where filed. 90 

Fee required and where paid. 93 

Form of declaration of candidacy and certificate of electors 91 

Protests against candidacy, where filed. 93 

Presidential Preference — 

Declaration of candidacy when and where filed. 87 

Form of ballot for. 88 

Form of declaration of candidacy. 91 

Nominations certified by state supervisor to deputy state 

supervisors, when . 88 

Nomination papers, where filed. 87 

Protests against candidacy, where filed. 93 

Result of vote certified to state supervisor. 88 

Separate tickets for each political party.. 88 

Time of holding primary. 87 

Withdrawal of names of candidates. 87 

State Offices — 

Declaration of candidacy and certificate of electors, when 

and where filed... 85 

Fee required and where paid... 93 

Form of declaration of candidacy and certificate of electors.... 91 
Protests against candidacy, where filed. 93 

United States Senator — 

Declaration of candidacy and certificate of electors, when 

and where filed.... 85 

Fee required and where paid... ..,. 93 

Form of declaration of candidacy and certificate of electors.. 91 

Protest against candidacy, where filed. 93 







































310 


INMX. 


PRIMARY ELECTIONS —Concluded. Page. 

Offering bribes to voters at; penalty. 279-282 

Odd-numbered years, when held. 89 

Omission of duty and fraudulent voting; penalty. 283 

Penalties . 282 

Per cent of ballots written on required to nominate at. 97 

Petition, nomination by, not repealed. 84 

Poll-books and tally-sheets, separate. 94 

Polls, time for opening and closing. 90, 124 

“Primary”, word construed. 83 

Presidential preference . 87 

Proxy, misdemeanor for delegate to give. 288 

Qualifications to vote at. 96 

Registration, provisions for. 94 

Returns of . 97 

Special election, for, how called. 89 

Supervisors of. 89 

Time, place, manner of holding, etc. 89 

Ticket, or ballot, exhibit within one hundred feet of polls. 95 

United States Senator, nomination of. 85 

Vote, when rejected. 96 

Vacancies in nominations, how filled. 99 

PRINTING — 

Ballot, of, offenses pertaining to; penalty. 275 

Bond of bidder for.. 120 

Contracts for. 120 

Publication of notice of bids for; contracts, etc. 120 

PROCLAMATION — 

Mayor, as to elections. 46, 47 

Presidential election, of. 43 

State and county election, of. 43 

Vote cast in certain cities, of; result of count. 74, 75 

Vote cast, of. 74, 136 

PROSECUTING ATTORNEY — 

Election laws, to prosecute for violations of. 40 

PROXY — 

Convention, unlawful in. 288 

PUBLIC ELECTIONS — 

Held and conducted, how.■. 32 


PUBLIC LIBRARY — 

Submission of question in township. 201 

PUBLIC OFFICERS — 

Conduct of elections of. 32 

Nominations of. by petition. 101-109 

Violation, neglect, wrong performance of duty or disobedience by; 

penalty . 287 

PUBLICITY PAMPHLET — 

Printing and distribution of..... . 30, 171 

QUALIFICATIONS — 

Ohio Laws — 

Challenges ...64. 66, 73. 74. 94, 125 

Elector, of, under Ohio constitution...... 24 

Primary elections, of voters at... .. 96 

Registration ..'-'. ...... 68 

Residence . 54-56 













































INDEX. 31 I 

QUALIFICATIONS — Concluded. 

United States laws— Page. 

Officer of army or navy not to prescribe. 6 

Race, color or previous condition n«t to affect right to vote. 6 

QUESTION — 

Ballot, marking of. 130 

Inspectors of count when submitted. 136 

Number of votes necessary to authorize performance of act when 
statute providing for submission of, is silent; submission of, when 

special election not provided for. 149 

Separate ballot and ballot-^box in case of submission of. 113 

RACE — 

Not to affect right to vote... 6 

RAPID TRANSIT COMMISSIONERS — 

Issue of bonds by; procedure; election. 22 -j 

REGISTER — 

Innkeeper’s, form of. 138 

REGISTRATION — 

Absent, elector who will be, of... 63 

Absent, elector who is, of. 64 

Challenge of such elector. 64 

Applicable to what cities. 58 

Applicant for — 

Challenge, oath and examination in case of. 66 

Oath of . 66 

Signature of, by mark. 67 

Ballot-box, location of, on election day. 74 

Board of deputy state supervisors, by order of. 72, 76 

Certificates in case of involuntary mistake in registering. 69 

Certificates'in case of removal or mistake. 69 

Certificates of removal when question of issue of bonds submitted to 

voters . 223 

“Challenged”, entry of, on register... 66, 73 

Challengers, designation, rights and privileges. 72 

Cities and villages, council may provide for. 82 

Clerk of board of deputy state supervisors, when to act as registering- 

officer . 63 

Close of day’s, attestation. 68 

Close of, by clerk of board.. 64 

Corrections . 70, 71 

Council may make provision for. 82 

Crimes and offenses, and penalties therefor — 

Acting as officer of election without appointment, etc. 279 

Ballots, distributing, or having in poll-room. 276 

Counterfeiting registration certificates, statements, etc. 279 

Destroying or concealing certificates or statements. 286 

Distributing or having ballots in poll-room. 276 

Judge permitting unlawful ballots in box. 275 

Neglect of duty by officers of election. 279 

Neglect to qualify, or serve as judge, clerk or registrar. 279 

Perjury before registration officer.. 279 

Registration . 276 

Counterfeiting . 279 

Falsely registering. 277 

Inducing same. 277 

Hindering . 278 

Permitting or inducing ftlie. 277 

Personating another . 277 

Procuring unlawful erasure. 278 

Refusing registration to person qualified.. 278 

Wilfully refusing to perform certain duties. 278 


















































312 


INDEX. 


REGISTRATION — Concluded. Pack 

Days for ... 63, 78 

Examination of applicant. 66 

Expenses of, how paid. 80-82 

General, required every four years in certain cities. 68 

Hindering electors, soliciting votes, etc. 278 

Hours for... 66 , 71, 78 

Involuntary mistake, certificate in case of. 69 

Lists, alphabetical . 71 

Duplicates in books for use election day. 71 

Form; comparison of; certificate to; change in. 71 

Pamphlets containing . 71 

Posting of. 70 

Registrars to make and certify...... 71 

Loitering within one hundred feet of polls prohibited. 62 

Meeting of registrars and judges on evening before election; duties 72 

Mistake in, how corrected. 69 

New elector, of, in certain cities. 6 b 

Oath of applicant for. 66 

Places of . 58 

Polls, opening and close of.'... 73 

Primary elections, provisions applicable. 93 

“Registers of Electors”; contents; form. 62, 63 

Changes or additions in, for special election. 78 

Comparison and correction of duplicate. 68 

Corrections; noting of changes. 70, 71 

Custody of, when not in use. 59, 68 

Damage or destruction of; penalty. 286 

Entries in .•. 66 

Registrars — 

Absent elector, registration of. 63 

Applications for registration, canvass of precinct; report to 

board, etc. 66-67 

Appointment; term; qualifications, oath.,. 69 

Certificate of appointment. 61 

Compensation, how paid . 81 

Duties, failure to perform; penalty.. 277 

Duties, generally . 61-82 

Election day, duties on. 71 

Examination, appearance for; penalty for failure to appear or 

refusal or neglect to qualify. 60, 279 

Exemption from jury and military duty. 61 

Powers and duties as peace officers. 61 

Registers, maps, instructions, etc., to apply for. 63 

Removal . 60 

Special elections, as to. 78 

Vacancy. 60 

Removal certificate, application for; registrars’ duties. 65, 69 

Clerk of board, by. 65 

Sick or physically disabled, of, by affidavit. 6 , 78 

Special election, in. 78-82 

Changes or additions in registers. 78 

Days for . 78 

Hours for. 78 

New ward or precinct. 79 

Orders for, by board of deputy state supervisors of elections.... 79 

Voters required to register in cities. 57 , 58, 68 

Who shall be registered. 68 

Witness, designation of, rights and privileges. 72 

Women, registration of. 77 

REMOVAL — 

Deputy state supervisors of elections, of..-. 38 

RESIDENCE — 

Head of family., 54 

Infirmary inmates . 56 



























































INDEX. 


313 


RESIDENCE — Concluded. Page. 

Municipal lodging house not a legal. 56 

Questions to be heard and determined by judges. 55 

Registration required in cities. 57, 82 

Residents of this State, persons not considered. 24 

Rules to govern judges in determining. ' 55 

Soldiers’ home inmates. 56 

Time of, required. 54 

Voting, illegal; penalties. 271 

Voting purposes, for. 54, 55 

RETURNS OF ELECTIONS. 141^150 

Adjustment of discrepancies in registrations. 77 

Board of education, returns of votes for members of. 149 

Deputy state supervisors of elections, opening and canvass of. 141 

Forged or altered poll-book or tally-sheets, possession of, with 

fraudulent intent; penalty. 287 

Fraudulent writing on; penalty. 288 

Justice of the peace. 149 

Making, transmission and preservation.75, 96, 141 

Municipal officers . 147 

Odd-numbered years. 147 

Registration cities, how made. 148 

Special election, returns of certain officers voted for. 147 

Township officers . . 147 

Validity of , deputy state supervisors not to decide. 147 

RIGHT OF SUFFRAGE — 

Convict, as to rights and competency of; penalty. 271 

Exclusion from, for receiving bribe. 279 

General assembly, power of, as to forfeiture of. 24 

Idiot or insane person, excluded from. 24 

Ohio constitution, under. 24 

Women, right of in school elections..-. 54 

United States laws — 

Interference with, by army or naval officer. 6 

Race, color or previous condition not to affect. b 

ROAD IMPROVEMENT — 

Form of ballot for. 199 

Submission of question for. 199 

Tax levy to purchase property containing stone and gravel. 199 

SALOONS — 

Limitation of number of. 173 


SCHOOL ELECTIONS — 

Abandonment of rural. 

Ballot for election of members of board of education; how to be 

printed; marking of.... 

Centralization, submission of question of. 

City districts . 

Decentralization .... 

Dissolution of rural district... 

Extension of improvements... 

High school purposes, union of districts for. 

Increase of tax levy. 

Notice of, by clerk.. 

Schoolhouse, as to levy of tax and issue of bonds for. 

Schools, submission of question of additional levy for. 

Rural districts . 

Village districts .•. 

When held ... 

Women, rights of. in. 


249 

116 

248 
241 

249 

249 

250 
250 
249 

46 

249 

249 

247 

245 

46 

54 





















































314 INDEX. 

SCHOOLHOUSE — Page. 

Submission of question of tax and bonds for. 249 

SECRETARY OF STATE — 

Abstracts of elections to fill vacancy in office of member of congress 145 

Abstracts of election, copies of, to be forwarded to. 141 

Arrangement of I. & R. petitions prescribed by.. 266 

Arrangement of tickets on ballots by. Ill 

Ballot, form of prepared by. 111-116 

Canvass of returns, primary elections. 88, 97 

Canvass of returns for presidential electors. 143 

Certificates of nomination and nomination papers — 

Defect in, manner of correcting. 108 

Filing of .. 40, 104 

Printing of name of candidate on ballot when two or more cer¬ 
tificates for same office filed (Note page 104). 104 

Objections to validity of... .,. 106 

Transmission of certified copies. 109 

Committeemen, list of, filed with. 98 

Contest of presidential electors’ election, duty as to. 151 

Copy of proposed law or amendment filed with.; .. 266 

Deputy state supervisors of elections, appointment, qualification, term 

and removal of. 32-42 

Duties, general . 32 

Election laws; collation, publication and distribution of. 42 

Forms for guidance of deputy state supervisors of elections. 119 

Judicial ballot, form of certified by. 122 

Nominations certified to deputy state supervisors. 88 

Nonpartisan judicial ballot, certifying form of. 121 

Prosecutions for violation of election laws.. 40 

Questions to be decided by. 106 

State supervisor of elections, ex-officio is; duties. 32 

State supervisor and inspector of elections, ex-officio is; duties. 32 

Sworn statement of circulator of petitions filed with. 269 

Tie vote for presidential electors. 143 

Transmittal of petitions by, to deputy state supervisors. 268 

Vacancy on ticket, manner of filling. 108-109 

SENATOR — 

United States, nomination of. 85 

SHERIFF — 

Loitering near polls, duty as to. 285 

Obey and aid judges of election, shall; penalty. 62, 287 

Presidential election, proclamation of. 43 

State and county elections, proclamation of. 43 

\^acancy in office of representative in congress or member of general 

assembly, notice of special election to fill. 45 

Vacancy in office of U. S. senator, special election to fill. 44 

SOLDIERS — 

Inmates of soldiers’ home, lawful residence of. 56 

SPECIAL ELECTIONS — 

Aiding construction of canal or waterway. 193 

-Agricultural agent, cmpioyinent of. ]7f> 

Additional tax rate. 176 

Agricultural society bonds. 189 

Annexation of territory. 214 

Bond issue, additional. 224 

■ Board of park commissioners. • 226 

Bonds for gas works. 222 

Bonds for specific purposes. 198 

Building or bridge bonds, county. 182 

Cemeteries . 206 

Centennial, county . 186 




















































INDEX. 


315 


SPECIAL ELECTIONS — Concluded. Page. 

Charter, municipal . 207 

Children’s homes . 188 

Corporate powers, surrender of. 207 

County hospital . 188 

Courts, combining probate and common pleas... 179 

Deficiency bonds, etc. 224 

Detachment of territory. 217 

Electric railways and terminals, bonds to construct and equip on leased 

canal property . 219 

Experiment farm, county.;. 178 

Elevated railroads, grant to. 222 

P'oot-bridges . 206 

Franchises, grant of.T.:. 221 

Gas works, bonds for. 222 

Halls . 200 

Hearse or vault . 197-227 

Initiative and referendum provisions. 228 

Incorporation . 212, 218 

Libraries . 201 

Local option, township; special election on question of. 251 

Local option, municipal; special election on question of. 252 

Memorial building . 186, 204 

Municipal charter act. 207 

New county . 184 

Notice of proposals for printing for. 120 

Officers of new township. 195 

Oil or gas wells. 198 

Original surveyed township. 196 

Parks . 201 

Park commission. 226 

Police protection, incorporation of territory for. 218 

Primary for, how called. 89 

Purchase of fair grounds. 190 

Purchase of toll roads. 189 

Question, submission of, when special election not provided for. 47 

Rapid transit commissioners. 225 

Registration laws, provisions of, applicable to. 78 

Release of treasurers and sureties. 174 

Returns, abstracts and certificates of election of certain officers 

elected at . 145 

Sale of real estate. 197 

Sale or lease of land to railway company. 220 

Saloons, limitation of number of. 173 

Sanitary plant . 232 

Senator or representative to general assembly. ^ 146 

Soldiers’ monument. 186, 204 

Tax rate, greater. 1<6 

Vacancy in office of representative in congress or member of gen¬ 
eral assembly, to fill.i. 45 

Vacancy in office of U. S. Senator, special election to fill. 44 

Waterways or canal . 193 


STATE ELECTIONS — 
Proclamation and time of 


STATE OFFICERS — 

Contest of election of. 

Certificates of nomination, where filed. 

Election of, proclamation and time. 

Vacancy, how fillled. 

STATE OR NATIONAL HOME — 

Separate election precinct. 

Hauling inmates of, to polls not corrupt practice 


153 
40, 104 
43 
31 


49 

49, 263 
























































3i6 


INDEX. 


STATE SUPERVISOR OF ELECTIONS— Pack. 

Secretary of State, ex-officio is; duties. 32 

STATE SUPERVISOR AND INSPECTOR 01' ELECTIONS — 

Secretary of state, ex-officio is; duties. 32 

SUBMISSION OF QUESTION — 

Printing anonymous attacks on, unlawful. 285 

Notice of, when special election not provided. 45, 47 

SURRENDER OF CORPORATE POWERS — 

Municipal corporations, by; proceedings. 207 

TALLY SHEET — 

Copies, making, transmission and preservation of. 141 

Delivery of, to election officers. 117 

Forged or altered, possession of, with fraudulent intent; penalty.. 287 

Form ifor ... .•. 109 

Fraudulent writing on; penalty. 285 

Furnishing of . 119 

Lost or destroyed, replacing of. 118 

Names of candidates for president and vice-president printed on.... 137 

Primary election, of. 70, 94 

Signing and certifying . 76, 130 

TAXATION — 

Bonds for township and municipal purposes, for redemption of, 

submission of question to voters. 199. 22 \ 22! 

Elections, levy for expenses of. 41, 121 

Schoolhouse, submission of question of levy of ta.x for. 249 

TIE VOTE — 

County officers, for. 146 

General assembly, for members of. 140 

Municipal officers, for. 148 

Members of board of education, for. 149 

Presidential electors, for. 143 

Township officers, for. 147 

TOWN HALL — 

Purchase, question of, to be submitted to vote; levy for. 200 

Township trustees may purchase site and erect. 200 

,TOWNSHIP — 

Bonds for specific purposes.199, 222, 224 

Local option . 252 

Memorial Building . 186 

New township, officers of. 196 

Original surveyed — 

Officers, election and terms of. > 190 

Exceptions as to election of officers. 32 

Organized, when, may be. 196 

Question, submission of, to voters. 196 

Oil or gas well. 198 

Parks . 201 

Sale of real estate. 197 

TOWNSHIP CLERK — 

Ballot-boxes, duty as to. 50 

Booths, guard-rails, etc., duty as to. 119 

Canvass of vote for township officers. 147 

Local option election, record of. 252 

TOWNSHIP ELECTIONS — 

Held, where and how; returns of. 48, 147 










































INDEX. 317 

TOWNSHIP OFFICERS^ Page. 

Election for, when and how held..•. -F)-4(J 

Notice of regular election of. 40 

Return and canvass of votes for. 117 

TOWNSHIP TRUSTEES — 

Bonds, purposes for which may issue; ta.x for redemption; submis¬ 
sion of question to voters. 198-199 

Divided townships, notice of holding elections in. 40 

Elections, levy for expenses of. 121 

Hearse, to submit question of purchase of. 197 

Local option . 252 

Original surveyed township, first election in. 196 

Places of holding elections, determined by. 46 

Public library, to submit question of. 201 

Town hall, may purchase or lease site and erect. 200 

UNITED STATES SENATOR — 

Candidate for, nominatios of. 85 

Time of election of. 44 

Vacancy in office of, how filled. 44 

VACANCY — 

Ballot, after printing of, how filled. 108 

Certificate shall name committee to fill. 102 

Clerk of election, in office of. 52, 60 

Congress, in office of representative in; how filled. 44 

Abstracts in such case. 145 

Controlling committee, in, how filled. 89 

Deputy state supervisors of election, in board of, how filled. 37 

Elective state office, in, how filled. 31 

General assembly, in office of member of. 44 

Judge of election, in office of. 51, 60 

Judge, in office of, how filled. 31 

Presidential elector, in office of. 108, 151 

Ticket, on, when committee may fill. 99, 109 

Manner of filling._. 108-109 

Substitution of candidate of other party, or nominee by petition. 103 

Substitution of name and marking of ballot when no nomination is 

made or name of nominee omitted. 131 

U. S. Senator, in office of, how filled. 44 

VOTE — 

Number necessary to authorize performance of act when statute pro¬ 
viding for submission of question is silent. 149 

Who may . 24, 54 

VOTING PRECINCT — 

State or national home shall be separate. 49 

WITNESS — 

Competent, in prosecutions for bribery, intimidation, or impeding or 

preventing free exercise of elective franchise. 280-284 

In cities having registration. 72 

WOMAN — 

School elections, rights in. 54 

YOUNGSTOWN — 

Municipal court of. 240 













































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